Ken Bowen’s Service Rates and Appointment Policies
It is Mr. Bowen’s policy to schedule mediations for either a half or a full day. Half day is three (3) hours. Of course, the mediation may adjourn earlier than that but he believes that it’s important to allow at least three 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 two-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 three hours, the fee of $250 per hour would be $750 in 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.
Mr. Bowen charges in one-fourth hour increments and has a two (2) hour-minimum charge for half day and four (4) hour-minimum charge for full day. Payment not received within ten (10) days of the mediation conference shall be subject to a $50 late fee and an additional $50 for every month thereafter that payment is not received.
For cancellations within 48 business hours of the scheduled mediation conference, there shall be a cancellation fee equal to the two (2) hour-minimum charge for a mediation that was scheduled for a half day and 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. Any cancellation or rescheduling fee is due within ten (10) days of the date the mediator was notified of the cancellation or rescheduling. The said fee shall be subject to a $50 late fee if not received within ten (10) days and an additional $50 for every month thereafter.
There is no charge for travel time within a two-hour (2) 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 clearing it first with the parties.
Mr. Bowen does not typically charge for preparation time and any such charges will be cleared with the parties in advance.
Pre-mediation submissions, while not required, are welcome. Examples of pre-mediation submissions include, pleadings, 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.
For arbitrations, including court-ordered non-binding arbitration, Mr. Bowen charges $350 per hour with a three-hour minimum. Arbitrator Bowen aslo charges for preparation time. Preparation time would include preview of court files and/or pre-arbitration submissions and documents, pre-arbitration conferences, or teleconferences with counsel or unrepresented parties. Although the arbitration may end within a half day, Mr. Bowen will reserve the whole day for the arbitration and expects counsel to do the same.
Any arbitration cancelled or rescheduled within ten (10) days of the scheduled hearing will be subject to the minimum fee of $1,050. Payment for arbitration is expected within ten (10) days of the arbitration hearing or date of cancellation. It will be subject to a late fee of $50 if not received within ten (10) days and an additional $50 per month thereafter.