 Terms
and Conditions of ADR Retention
Louise A. LaMothe, APC
E-mail: lalamothe@dispute-solutions.com
Phone: (805) 563-2800
Cell: (310) 503-9867
Fax: (805) 563-1270
Compensation
My fee for
serving as an arbitrator or mediator is
based upon the time I spend on the matter
at the rate of $485 per hour ($350 per hour for non-administered matters in Santa Barbara).
Services Included
My hourly rate will be applied to all
time spent on the matter, including, without limitation, hearing time,
document reading, research, preparation of legal documents, correspondence
and telephone calls. I do not charge for travel time unless expressly
stated.
Payment
A retainer fee is due and payable at the
time the engagement is booked and confirmed as a condition to firm
reservation of the matter on my calendar. The retainer is based on
an estimate of the number of hours or days it will take to hear the
matter. There is a minimum three hour charge for one half-day or less,
unless otherwise agreed. One day is considered to be six hours; however,
a longer daily working schedule can be arranged. Fees for services
exceeding the amount of the retainer and for expenses will be billed
periodically and are payable upon billing.
Refund
The retainer will be refunded in full,
less a cancellation fee of $100 to cover administrative costs, if
the matter is settled, continued, placed off calendar or otherwise
delayed and I am notified in writing at least 30 days in advance of
the scheduled meeting. Otherwise, a refund (less cancellation fee)
will be made only to the extent that other matters are heard within
the reserved time.
Parties to the Agreement
I do not communicate directly with any
client on any subject. My agreement to provide dispute resolution
services is with the attorneys for the respective parties. I consider
the attorneys jointly and severally responsible for the payment of
my fee and it is to them that I look for payment.
Written
Materials
Unless otherwise stated, I expect a pre-hearing
brief from each party. Briefs and all other written materials directed
to me should be mailed or delivered to me at the above address so
as to arrive at least five (5) days before the date of the engagement.
Please provide me with copies of the important non-California cases
and any other authorities you cite.
Preliminary
Hearing
Please contact this office to schedule a preliminary telephone conference with all parties.
Regarding
Mediation
Unless previously agreed, a party representative
with authority to resolve the dispute shall be present at each session.
The parties and their counsel shall agree in writing to be bound by
applicable state and federal law concerning the confidentiality of
the process.
Acknowledgement
and Agreement
Transmittal of a retainer check from
counsel will indicate agreement to the terms and conditions of this
engagement.
Agreed to by:
Signature: _________________________________ Date: ________________
Return to Engagement Documents
© 2008 Louise A. LaMothe, APC
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