Resolving Conflict Through Mediation

Although they enjoy the role of advocates in the litigation process, Jim and Ken see great value in a system that encourages the opposing parties to resolve their own disputes. Mediation is such a system. Mediation is a process in which an impartial person facilitates communication between opponents to promote reconciliation and agreement.

Jim has found that his life experiences as a thirty-five year lawyer, teacher of both law and psychology, and mentor to young people, have greatly enhanced his ability to act as a mediator. Ken's experience representing clients on both sides of the docket allows him to use creative resolution methods that often opens a party's eyes wide enough to see the forest through the trees. These backgrounds, coupled with mediation experience, and calm, respectful demeanors, create a safe place in which parties can make decisions and resolve conflict.

Mediation Services

As lawyers, we enjoy representing the interests of clients and stating their positions in the best possible light, which is the essence of trial advocacy. However, because there are usually two sides to every story, we also sees the value of resolving disputes in a more cooperative manner in which the parties actively participate. Accordingly, Jim has enhanced his legal knowledge and experience with training in psychology, mediation, and alternate dispute resolution. He has completed the 40-hour basic mediation course and the family mediation course. In addition, Jim has completed the family mediation course. Ken and Jim are Certified Mediators by the Association of Attorney-Mediators and Ken is a Credentialed Mediator by the Texas Mediator Credentialing Association. These distinctions ensure that Jim and Ken have the experience and continuing education in alternative dispute resolution means, methods and techniques necessary to maximize your mediation experience.

We mediate disputes using both the "community based" methods, in which we assist the parties themselves to create mutually acceptable resolutions, and the "lawyer assisted" mediation, in which both parties and their lawyers participate. We also lead team building and strategy planning sessions for various groups and organizations.

Ken's experience in music, film and multimedia matters and also representing plaintiffs, defendants and insurance companies in litigation and mediation provides specific legal knowledge and invaluable insight into the litigation and settlement process.

Fee Schedule

Full-Day Mediation - a flat fee of $800.00 per party. This fee covers the cost of a the mediation session (up to eight hours), time spent reading pre-mediation submissions, scheduling and administration of the mediation session, and lunch during the session. Each hour after the eighth hour is billed at a rate of $200.00 per hour, divided equally among the parties.

Half-day Mediation - a flat fee of $400.00 per party. This fee covers the cost of the mediation session (up to four hours), time spent reading pre-mediation submissions, scheduling and administration of the mediation session. Each hour after the fourth hour is billed at a rate of $200.00 per hour, divided equally among the parties.

Streamlined Mediation - For disputes in which the amount in controversy is $15,000 or less, there are only two parties involved, and the mediation is capable of being conducted without extensive caucusing Mr. Bannerot and Mr. Pajak charges $300.00 per party for a three hour session. Each additional hour is charged at $200.00 per hour to be divided equally between the parties. The written submission will be limited to a one-page summary.

Payment

Fee payment is due on or before or on the day of the mediation session. Checks should be made payable to The Bannerot Law Firm, P.C. Its Tax ID number is 90-0157392.

Travel Expenses

If the mediation session occurs outside Austin, all travel expenses are charged to the file (air fare, meals, lodging, ground transportation, etc.) and are divided equally among the parties. Travel time charges are billed at $150.00 per hour, but are negotiable, depending on the distance and scheduling. Parties receive an expense invoice shortly after the mediation session.

Follow-up Calls and Communication

For cases in which progress is made, but the dispute is not resolved at the session, there is no charge for the first one-half hour of post-session follow-up calls and written correspondence. If, after the first one-half hour, the parties request additional assistance, each hour is billed at a rate of $200.00 per hour and divided equally among the parties.