M. C. (Rick) Walton

Mediation is a process of facilitated negotiation in which a neutral third party assists litigants or parties to some other dispute in resolving their differences in a confidential and informal atmosphere.   It may be ordered by a court or other tribunal, or it may be arranged by agreement of the parties in an attempt to avoid more formal and expensive proceedings.  Because Rick Walton's mediation practice encompasses Texas and adjoining states, he does not maintain mediation facilities at any single location.  Instead, the mediation sessions are held in locations agreed by the mediator and counsel for the parties, and may take place in the offices of counsel, hotel meeting rooms, mediation centers or other suitable facilities.  The parties usually convene in a conference room with the mediator in a joint session for introductions and brief opening statements by the parties or their counsel, and then adjourn to other areas (sometimes called "caucus rooms") for separate discussions with the mediator, other parties or their counsel.   

The mediator may meet with parties and their counsel together, separately with counsel for one or more parties or, occasionally and with the permission of counsel, directly with a party outside the presence of counsel.  Such discussions, or caucuses, will alternate throughout the session until resolution is reached or an impasse is declared.  Unless the mediator is authorized by a party to do so, he will not disclose to other parties or their counsel anything told to him in confidence during a private caucus with that party.  At the conclusion of the mediation, a written agreement, signed by the mediator and the parties and their counsel and intended to be fully enforceable in court, will reflect the essential terms of the settlement.  Sometimes a dispute is not resolved during the mediation itself, but the mediator may continue to consult with counsel in an attempt to continue negotiations.

A typical full-day mediation begins at 9:00 or 9:30 a.m. and ends around 5:30 p.m. unless a resolution is reached earlier.  Most full-day mediation sessions include a working lunch at the mediation site.   Mediations of more than one day generally occur only upon agreement of the parties or when expressly ordered by the court.  If the parties request in advance a mediation  lasting more than one day, the full fee for all scheduled sessions is due on or before the first day of mediation.   

Mediation fees are generally fixed amounts per day of the mediation, payable in advance, and depend on the number of parties and the amount in controversy.  All parties represented by the same attorney are considered one party for this purpose.  "Amount in controversy" means the total value of all claims asserted (including counterclaims, cross-claims, and claims for attorneys' fees but not claims for punitive or exemplary damages).    Unlees otherwise agreed in advance, the following fee schedule will be used:

Full Day Mediation:
                        Two Parties                                                       $1200.00/per party
                        Three or More Parties                                 $1,000.00/per party

Half-day mediation can be arranged for matters in which the amount in controversy is under $100,000.  Half-day mediation sessions begin at either 9:00 a.m. or 1:30 p.m.

Half-Day Mediation:                                                                $600.00/per party

Rick generally does not charge for travel time or reasonable preparation or follow-up time.  If a full-day mediation lasts past 10:00 p.m., however, or if a half-day mediation lasts more than four hours, an additional fee of $250.00 per hour will be charged, to be divided among the parties.  It may not be possible to extend half-day mediations scheduled for morning hours. 

If these fees are a hardship for any party or inappropriate in particular cases, alternative can be discussed.  Likewise, any extraordinary expenses will be incurred due to the number of parties or other persons in attendance, or at the request of any party, these expenses and their apportionment will be negotiated and agreed by the mediator and all parties in advance.  If mediation is cancelled within 36 hours prior to the scheduled starting time, the canceling party may be charged a cancellation fee in the amount of the fee that would otherwise have been charged to that party for the mediation itself, unless the mediator agrees to waive or reduce the fee for good cause.

Fees must be paid at or in advance of the scheduled starting time of the mediation.  Checks should be made payable to M. C. (Rick) Walton.  Checks should be drawn against accounts of law firms, insurance companies or corporate or business accounts.  Insurance company drafts are acceptable, but personal checks of individual clients are not.

At least three business days prior to the mediation, counsel for each party should provide to the mediator a confidential mediation statement containing a brief statement of the nature and background of  the  litigation or other dispute and a summary of the party's position on the key legal and factual issues.  Copies of pleadings and important documents or discovery materials may be attached.  The report should be sent by email to merrickwalton@merrickwalton.com or mc.walton@comcast.net or, if voluminous, by express or hand delivery to 3515 Rice Boulevard, Houston, TX 77005.

To see the Texas Civil Practice and Remedies Code chapter concerning Alternative Dispute Resolution Procedures, including mediation, click here.

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