FEES AND SCHEDULING
*VIDEO AND TELEPHONIC MEDIATION AVAILABLE*
MEDIATOR KEN BOWEN IS TRAINED IN VIDEO MEDIATION USING THE ZOOM PLATFORM AND MAINTAINS A ZOOM ACCOUNT WITH THE NEW ENHANCED ENCRYPTION FOR MAXIMUM SECURITY.
It is Mr. Bowen’s policy to schedule mediations for either a half day or a full day. Half day is 3 hours. Of course the mediation may adjourn earlier than that, but he believes that it’s important to allow at least 3 hours for the mediation to be effective. Half day mediations generally start at 9:00 A.M. or 1:30 P.M, however he will work with you to accommodate your schedule as necessary. Please keep in mind that if you reserve a morning for half day and another mediation is scheduled for that afternoon, the morning mediation will have to conclude in time for the afternoon mediation to begin when scheduled. This may necessitate a continuation or adjournment of the mediation depending on how the parties and counsel wish to handle the situation.
Mr. Bowen charges $250 per hour for a typical 2 party case and an additional $50 per hour for each additional party. The mediation fee is usually divided evenly between the parties, unless otherwise agreed or ordered by the Court. For example, for a typical two party case lasting 3 hours the fee, at $250 per hour, would be $750 total or $375 per party. Fees may be lowered for certain cases, this will be determined on a case-by-case basis. Fees will always be lowered for foreclosure cases.
As is routinely provided for in court ordered mediation, mediation fees are due and payable at the conclusion of the mediation. As a courtesy to counsel, if counsel is advancing the fee, Mr. Bowen will invoice counsel following the mediation with the expectation that the fee will be paid within ten (10) days of the mediation. If counsel is not advancing the fee, payment is expected at the conclusion of the mediation. In the case of governmental entities, counsel will receive an invoice following the mediation. Mr. Bowen charges in 1/4 hour increments and has a two (2) hour minimum charge for half day and a four (4) hour minimum charge for full day.
For cancellations within 48 hours of the scheduled mediation conference, there shall be a cancellation fee equal to the minimum charge (two (2) hours for a mediation that was scheduled for a half day, four (4) hours for a mediation that was scheduled for a full day). There shall be no charge for cancellations with more than forty eight (48) hours notice. Please note that the cancellation fee time frames also pertain to a continuance or rescheduling of the mediation conference. If the mediation is set unilaterally and the other party fails to appear, the party who set the mediation conference is responsible for 100% of the minimum fee ($500). Any cancellation, continuance, or rescheduling should be done in writing, signed by the parties, and submitted to the mediator at the earliest convenience. Any continuance or rescheduling of the mediation must be done with the consent of all the parties and must be coordinated among the parties. The mediator has no authority to unilaterally cancel, continue or reschedule a mediation.
There is no charge for travel time within a two (2) hour radius. For travel beyond two (2) hours, regular hourly rates apply, however Mediator Bowen will gladly waive the fee for travel time, on a case-by-case basis. In any event, no fees will be charged for travel without first clearing it with the parties.
Mr. Bowen does not typically charge for preparation time, and any such charges will be cleared with the parties in advance. Typically, preparation for half day cases ranges from 1/2 hour to one hour, and one to two hours for full day cases. Examples of preparation would be preview of court files and/or pre-mediation submissions and documents, pre-mediation conferences or teleconferences with counsel or unrepresented parties.
Pre-mediation submissions including factual information about the case, legal issues, previous negotiations if any, the nature of the parties and their relationship with each other, and any information you feel would help Mr. Bowen better understand the case to be mediated and the personalities involved, are very helpful. In the event there is insufficient time to prepare and send a pre-mediation submission, feel free to call Mr. Bowen before the mediation with any last minute information.
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Mr. Bowen’s Calendar for On-line Scheduling:
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Mediation is a consensual process. While serving as your mediator, Mr. Bowen shall remain impartial while guiding the process and will work toward facilitating a resolution among the parties, however, any ultimate resolution will only be achieved by agreement of the parties. As your mediator, Mr. Bowen has no authority to impose a resolution nor adjudicate any aspect of your dispute. Mr. Bowen is not permitted to offer any legal advice, nor any opinion as to the ultimate outcome of any dispute he is mediating, and as such, nothing Mr. Bowen says or does during a mediation should be construed as legal advice or a prediction of outcome. Mr. Bowen will at all times respect the right of self determination of the parties. Communications made during the mediation process shall remain confidential, except where disclosure is required or permitted by law.
Any mediation conducted by Mr. Bowen, shall be conducted under the rules set forth in Chapter 44, Florida Statutes, as if it were court ordered, regardless of whether the court has entered a formal order of referral to Mediation. In addition, any applicable Court Order referring the matter to Mediation will govern the proceedings, and in Federal cases, the Rules of the United States District Court for the Middle District of Florida (Local Rules 9.01 – 9.07) shall apply. Without limitation of the foregoing, the Mediation Confidentiality and Privilege Act, Fla. Stat. §44.401, et. Seq. on confidentiality shall apply. The Florida Supreme Court has certified Mr. Bowen as a Circuit Civil and County Court Mediator, and the United States District Court for the Middle District of Florida has certified Mr. Bowen as a Federal Court Mediator, for the Middle District of Florida. The Florida Rules for Certified and Court-Appointed Mediators as well as Chapter 44, Florida Statutes, will govern Mr. Bowen’s role as Mediator. Without limitation of the foregoing, Fla. Stat. §44.107(1) on Mediator immunity shall apply.