Mediation Information
​Scheduling
Mediations may be conducted by video conference. Mr. Hughes has limited availability for in-person sessions and does not schedule more than two mediations per week. To schedule a mediation, please contact Rita Jack by phone or email.
​
Rita Jack
Email: rita@hunteradr.com
Cell: 412-860-4831​​​​​
​
Mediation Agreement
Mr. Hughes's standard Mediation Agreement and Fee Schedule are listed below, which includes fixed travel expenses. Counsel attending the mediation must sign the Agreement and return it to Rita. A copy will also be available at the mediation for clients or other attendees to sign. All participants are required to sign the Agreement, which includes a confidentiality provision. If either side wishes to modify any terms, the parties must first agree on the changes and submit them to Mr. Hughes or Rita for Mr. Hughes's review and approval.
​
Pre-Mediation Communications
Mr. Hughes encourages the parties, once a mediation date is confirmed, to promptly discuss the following:
​
(1) any additional data or information needed to evaluate damages and support settlement discussions;
(2) whether opening statements will be made; and
(3) any unique barriers to resolution. If the parties would like to schedule joint or separate pre-mediation conferences with Mr. Hughes, they may do so through Rita or by contacting him directly.
​
At least 3 business days before the mediation (earlier is preferred), each party should submit their Mediation Statement to Rita, with a copy to Mr. Hughes. Statements should be submitted by secure email and not exceed 20 pages. If critical exhibits are necessary, include only the relevant portions; full depositions or lengthy data sets are typically not helpful. Please also include any dispositive or certification orders. A list of suggested topics to address in the statement is outlined below.
​
Mr. Hughes believes mediation is most effective when parties share their position statements. Confidential matters may be submitted separately. While sharing non-confidential statements is strongly encouraged, the decision rests with each party.
​
​
The Mediation
In Mr. Hughes’s experience, opening statements are often of limited value—especially if used solely to argue that the other side will lose. However, they can be helpful when used in a calm, focused way to clarify key issues, such as damage calculations, expert assumptions, or topics not addressed in a shared Mediation Statement. If you plan to make an opening statement, please inform Mr. Hughes and opposing counsel in advance and indicate the expected duration.
​
Mr. Hughes prefers that parties bring a draft term sheet (MOU) covering standard settlement terms—e.g., release language, media communication limits, fees, etc. If a party expects to finalize a full settlement agreement at the mediation, a draft should be shared with opposing counsel beforehand to facilitate agreement on basic terms in advance.
Cost & Fees
Flat Rate for Mediation
The flat rate for the mediation is $22,000 per day or part thereof. The flat rate covers all time related to the day of mediation as well as 3 hours of preparation, pre-mediation conferences or other pre-mediation tasks, and limited post mediation follow-up time. All fees and expenses are invoiced prior to the mediation and payable when invoiced.
Hourly Fee
$1,000/hour. The hourly fee applies to time spent that exceeds 3 hours of preparation, pre-mediation conferences and other pre-mediation tasks and post mediation follow-up time.
Responsibility for Fees and Costs
Unless otherwise agreed to in writing, the parties shall divide the fees and expenses equally. A represented party’s lawyers shall be responsible for the payment of fees and costs that are not promptly paid by their client.
Mediation Agreement
The undersigned parties voluntarily agree to participate in a non-binding mediation conducted by Hunter R. Hughes (the “Mediator”) concerning all disputes or claims related to the matter titled [Insert style of case] (the “Litigation”). The initial in-person mediation session will take place at [Insert location and time]. The Mediator’s role is to assist the parties in reaching a resolution, and the parties accept full responsibility for any agreement reached.
The parties have jointly selected the Mediator and confirm there is no past or present relationship that would affect his impartiality. Any such relationships that could raise concerns have been disclosed and addressed.
​
Counsel will promptly exchange relevant documents as agreed or requested by the Mediator, and provide him with copies of relevant cases, exhibits, and position papers. The Mediator will oversee all procedural aspects of the mediation.
​
Each party must have a representative present with full settlement authority. If such a person is unavailable, notice must be given to all parties in advance. Non-parties may attend with the Mediator’s approval if they contribute to the negotiations.
​
All mediation-related communications are considered confidential settlement discussions. Plaintiffs’ counsel will inform the named plaintiffs of the ongoing mediation and ensure they sign this agreement. Counsel may inform putative class members only that discussions are ongoing. No party, counsel, or the Mediator shall make any public or media statements regarding the mediation. All communications, negotiations, and documents prepared for or during the mediation are confidential, inadmissible, and not subject to discovery, absent written consent of all parties. The Mediator will not be subpoenaed or asked to testify without such consent.
​
All notes and materials generated during the mediation are confidential and not subject to subpoena. However, evidence otherwise admissible or discoverable remains so, regardless of its use in mediation.
​
When meeting privately with the Mediator, parties must clearly identify any information or documents they wish to keep confidential. If not specified, the Mediator may assume such information can be shared with the other side.
​
The Mediator shall have the same immunity as a federal judge. All parties and their counsel agree to hold the Mediator harmless from any claims or subpoenas arising out of the mediation.
​
The Mediator does not represent any party and does not offer legal advice. No attorney-client relationship is formed.
​
Any party may withdraw from mediation at any time with written notice to the others and the Mediator. The Mediator may also declare an impasse. In either case, each party remains responsible for its share of the Mediator’s fees and expenses incurred up to that point, and all confidentiality and payment terms remain in effect.
​
The parties and their counsel agree to pay all mediation fees and expenses, as outlined in the fee schedule. Post-mediation work will be billed at $1000/hour ($500/hour per side). Counsel remain responsible for payment regardless of client reimbursement. If there is a dispute over fee allocation, each party agrees to pay 50% and resolve the matter independently of the Mediator.
Content of Mediation Statement
Unless otherwise specifically agreed to the contrary, each party shall provide to the Mediator no later than three (3) business days before the session a mediation statement containing at least the following:​​​
​
​
-
Statement of relevant facts and controlling law. (if already set out in an existing pleadings, that will suffice.);
-
Status of the case, including any outstanding motions;
-
Any expert reports (exhibits need not be included);
-
Statement of prior negotiations, including all demands/offers;
-
Unique factors believed to favor settlement;
-
Unique perceived obstacles to settlement;
-
Potential solutions to dispute other than simply monetary payment;
-
Unique interests of parties that need to be considered in any settlement;
-
Any limitations on authority of parties present at mediation to settle.
All counsel and attending parties must execute a Mediation Agreement at or before the start of mediation.
​
Counsel for each party shall be responsible for its share of the mediation fee, and any agreement for one party to assume responsibility for the other’s share is not binding on the mediator.