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Carol J. Marshall: Mediator, Arbitrator, Dispute Resolution Services

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FREQUENTLY ASKED QUESTIONS

Q 1. What will it cost?

A 2. Specific fee and cost arrangements will be discussed prior to retention of the neutral. However, you can assume that mediator or arbitrator fees will range from $250-500 per hour for a 2-3 party matter, depending on the neutral (Ms. Marshall's usual hourly rate is $400-450) and that certain expenses incurred by the mediator will have to be reimbursed. Most neutrals will agree to more attractive flat rates for a half or full day, will require a deposit which may or may not be refundable, will charge for travel time if required to attend a hearing well outside their "home" area (Carol Marshall does not charge for travel time to and from locations in the San Francisco Bay Area counties of San Francisco and Marin, and in some parts of Contra Costa, Sonoma, Alameda and San Mateo counties), will charge a reduced hourly rate for travel time beyond those areas, and will most likely charge no administrative fee or room charge unless a hearing room must be rented.

Q 2. Where will the process take place?

A 2. Conference facilities for mediations involving 2-3 parties are usually available at no additional cost at the neutral's office (Ms. Marshall's office is in the San Francisco Financial District;nearest BART station: Embarcadero). If there is no availability there or if the matter involves a larger number of participants than the facilities can handle, neutrals will conduct hearings at one of the attorneys' offices, client business premises, or another location provided by the parties as long as there are appropriate facilities at that location, the appropriateness to be determined by the neutral. In some cases, conference and break-out rooms can be rented for the day with costs paid by the parties. Please note that binding arbitrations scheduled with Ms. Marshall will likely be administered through the American Arbitration Association and will be subject to their rules and administrative fees. In that case, there is a room fee.

Q 3. How long will it take?

A 3. Most neutrals will not schedule less than 4 hours for a process hearing without compelling evidence that the matter can truly be handled in less time. Mediations and arbitrations typically require at least a full day and many more complicated matters require several days or multiple sessions. Neutrals will work with counsel to try to make the process as efficient and speedy as possible while still achieving the sought-after results.

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