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Mediation and Arbitration
The Law Offices of Maureen McCool provides a private mediation and arbitration
service committed to helping parties resolve their cases. We target cases which may be
too expensive to process through the civil court system, but do not warrant the
use of a high price retired judge or professional neutral.
We believe in hybrid proceedings whereby the parties present their evidence, and
mediation takes place. There are no minimum hours for the hearings, or any set-up
fees. We help you resolve matters without charging unreasonable fees. The parties
set the hearing parameters. We encourage the participants to stipulate to as many
facts as possible. If the parties cannot come to an agreement, the proceedings turn
into a binding arbitration whereby the neutral enters an award.
If your case does not warrant the use of an expensive neutral, or you believe the
hearing can be conducted in less time than the other entities require, we can help
you.
Every attorney on our panel is on the Los Angeles County Superior Court ADR Panel.
Please review our site, and contact the office if you have any questions or comments.
Firm Philosophy
It is apparent that the cost of trials makes mediations and
arbitrations an attractive alternative for smaller and medium sized matters. However, finding a
neutral willing to take on these matters in a timely and cost effective manner
is extremely hard. Retired judges, and "professional" mediators charge too much
for the system to be effective in these cases. Who wants to spend a minimum
of $1,200 arbitrating a case with a $15,000-20,000 value? Who wants to pay for
a four-hour hearing that will actually take only two hours? The current system
does not make room for small and mid valued cases. That is where
The Law Offices of Maureen McCool comes in. Our goal is to fill the hole in the current
system.
- We are unique. Rather than forcing on the users of this service a system which
lines the pockets of the company without meeting the needs of the parties, we allow
the participants to set the parameters of the proceeding. The parties determine how
long the proceeding will last, and determine what evidence they want to stipulate
to.
- Because we keep the overhead under control, The Law Offices of Maureen McCool can
charge reasonable rates for our service. There is no set up fee. Depending on the
neutral used, the starting rate in a limited jurisdiction case is $100 per hour per
party. This fee is negotiable in multi party matters.
We know that every case requires a half-day for a hearing. Do you have a case where
the facts are admitted, and the question is valuation? Do you have a case where the parties
can agree to stipulate to the admission of evidence? Or is your case one that the parties
agree can be heard in less than three hours? Is your case close to settling, but both sides
need an independent opinion? Then The Law Offices of Maureen McCool is an option we believe
you should consider.
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| Arbitrations
- While each arbitrator works with the parties to determine the most time and
cost efficient method to present the evidence, the parties ultimately decide the
procedures, whether it be via an offer of proof only, a full out arbitration, or
something in between. We suggest that the parties realistically discuss the needs
of the particular case, and stipulate to as many facts and as much evidence as
possible.
- Before the proceeding begins, the parties must determine whether the award will
be filed with the court, and if a written statement regarding the facts, findings, and
rational of the arbitrator is required.
- If the parties seek a written statement, there is a one-hour charge for this service.
Mediations
- Mediations are especially helpful for parties who have issues other than just settlement to
deal with. Often the parties are a lot closer to settlement than they think - the problem is with
communication.
- No two mediations are the same. As with arbitrations, we ask that the parties determine what
procedures they need to settle the matter. We are willing to work with the parties ensure that the
hearing is conducted in the most constructive and productive manner.
Hybrid Hearings
- In many cases a hybrid proceeding is desirable. The parties decide on the arbitration
format, and at the conclusion of the hearing, mediation begins. If the matter does not settle
in the pre-agreed time, the neutral will issue a binding award.
- As with the arbitrations, if the parties seek a written statement from the arbitrator regarding
the reasoning behind the award, an extra hour will be charged to the parties.
Pricing and Payments
- The goal of our firm is to provide arbitration and mediation services at a cost-effective
price. Hearings start at $100.00 per party, which is negotiable in multi party cases. As an example, in a car
accident where all four plaintiffs are represented by the same attorney, and two defendants represented
by the same counsel, the cost is not $600.00 per hour. Please contact the office regarding the pricing on
any particular matter.
- In order to maintain our rates, we do everything possible to keep costs down. The amount of time
required and the prices are set before the hearing begins. This money is due and payable
prior to confirmation of the hearing date. Should the hearing not be completed in the
allotted time, the parties have the option to end the proceeding at that point, or to
continue. If the parties chose to continue the hearing, the extra sums are due at the
hearing. We have found that it is too expensive to attempt to collect sums after the
hearing has concluded. We appreciate your understanding.
- Because all the neutrals are practicing attorneys, it is expected that the hearings
will start promptly at the pre-arranged time. The parties, attorneys and witnesses need
to be at the office and ready to begin since the "clock" starts running at that
point. -- Obviously if something outside the parties' or attorneys' control happens, this
rule can be altered. However, we ask that the office be notified as soon as a problem is
identified.
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| How did the Mediation and Arbitration practice get started?
- The founders realized that there was a large gap in the
current system. Often, cases have a limited value, and
do not warrant either the cost of a trial, or the time/fee
minimums required by retired judges and "professional" mediators.
Our goal is to fill this gap.
- We allow the parties to set the parameters for the hearing, and
encourage the parties to stipulate to as many facts, evidence, and testimony
as possible. There are no minimum time requirements, nor are there high
fees. Depending on the complexity of the matter, fees start at $100 per
hour per party, with no set-up fees.
Who are the neutrals?
- All the neutrals associated with The Law Offices of Maureen McCool are practicing
attorneys who perform arbitrations and/or mediations for the Los Angeles Superior
Court. Please call the office for specific information.
How are fees charged?
- Depending on the neutral chosen, and the number of parties involved, rates
start at $100.00 per hour, per party. There are no set-up fees and no minimums.
Where are hearings heard?
- Generally hearings are heard in our offices in Torrance, California. If the parties
are willing to pay travel time, milage and parking, the neutrals will hear cases in other
locations.
What cases does or firm handle?
- We handle business disputes, personal injury and other civil litigation matters. Currently,
we do not handle family law or real estate matters.
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