PRACTICE AREAS
B2B + Contractual Disputes
Construction Defect
Consumer + ADA cases
Data Breach/Privacy/Technology Ransomware Subrogation/Cyber
Employment Litigation/Sexual Harassment
Environmental, Toxic Tort + Long Tail Exposures
Insurance Coverage + Bad Faith Litigation
Insurance Industry Disputes
Intellectual Property - “Advertising Injury” Litigation
International/Cross-Border Disputes
Probate Disputes
Professional Liability/Directors + Officers
Real Estate Disputes
Torts (Premises, Products, Personal Injury, Habitability + General Liability types of cases)
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I mediate civil disputes at all levels - pre-suit, lawsuits at trial court level and on appeal, insurance claims, and matters in arbitration.
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Examples of Types of Insurance Policies/Markets with which I have experience:
—Primary, Excess, Surplus Lines, Reinsurance
—Personal, General Liability, Commercial, Programs & Specialty Lines, 1st Party + 3rd Party
—Cyber, Professional Liability, D&O, EPLI, Pollution, Fine Art + Specie, Marine
—North American, EU, Asian, Bermuda + London Market Insurers/Syndicates
MEDIATION LOCATIONS
I mediate both online and in person. Online mediations are being conducted via Zoom. In-person mediations take place either at the office of one of the counsel or other agreed location.
ARBITRATION SERVICES
I am available to serve as a sole Arbitrator or on an Arbitration panel for insurance, commercial and consumer disputes, including as a Chair or Umpire. I serve on the Consumer and Commercial Arbitration panels of the American Arbitration Association (AAA). If an AAA matter, please contact the American Arbitration Association directly to schedule. If not an AAA matter, please contact me directly.
MEDIATION SERVICES
Fees are charged on a flat fee basis, based upon the time estimates agreed upon by the parties, the parties retaining my services exclusively for the time estimated. There are no case management, set-up, or administrative charges.
Full Day - This includes all preparation time, pre-mediation calls with each counsel, up to 8 hours of session time on mediation day and reasonable follow-up time. These mediations have a 9AM, 9:30AM or 10AM start time. Upon request, I may be able to start earlier.
1/2 Day - This includes all preparation time, pre-mediation calls with each counsel, up to 5 hours of session time on mediation day and reasonable follow-up time. These mediations have a 9AM, 9:30AM or 10AM start time. Upon request, I may be able to start earlier or later.
Specialty Matters - “Settlement Days”, Short Notice, International, Complex Multi-Party Matters, “Mini-Sessions” and Other Types of Mediations - I would be pleased to work with your company or firm to handle mediations for specialty types of claims or litigation, or matters involving international locations. Please contact me directly to discuss.
mEDIATION FEES
FEE SCHEDULE - Please contact my office to request my current fee schedule. Thank you.
BILLING - Unless other arrangements are made, mediation fees are divided equally between the law firms/parties, are due in full upon booking, and are non-refundable for time that is scheduled but only partially used. Counsel, not their clients, contract for the mediator’s services and are responsible for paying all fees. Fees may be paid by check or by credit card or ACH bank transfer via LawPay.
CONTINUANCES/CANCELLATIONS - There is no charge to continue a mediation session, although it is requested that any needed rescheduling be done as soon as possible once a conflict is known. If written notice of cancellation is received at least 15 days prior to the scheduled mediation date, fees will be refunded less a cancellation charge of $500. Cancellation of a mediation session less than 15 days prior to the scheduled date will result in forfeiture of the entire mediation fee unless the time is rebooked with another matter or Ms. Lawler determines that the circumstances warrant a waiver.
OTHER INFORMATION
ROLE AS A NEUTRAL - The role of the Mediator is one of a Neutral. As a Neutral I do not and cannot provide legal advice to any party or advocate for any party. In particular, as a Neutral, I am not an attorney for, and do not represent, any party to a mediation or arbitration. Pro se parties may want to consider retaining an attorney for purposes of the mediation session.
MEDIATION BRIEFS - Mediation Briefs should please be emailed to me no later than five (5) days before the scheduled mediation date. I highly recommend sharing briefs and providing me with something separate for what you wish to convey confidentially.
MEDIATION CONFIDENTIALITY - Statements, writings, documents, etc. shared in connection with a mediation may be protected via state and/or federal statutes re mediation confidentiality, but mediation confidentiality under any particular state or federal law may not be recognized or applied as such by a court in another jurisdiction or proceeding. There are numerous articles addressing this. I make no guarantees or representations regarding mediation confidentiality and urge counsel and the parties to be mindful that what is shared or said in mediation may prove to not be as confidential as one might have otherwise thought or expected.
Your feedback is most welcomed and appreciated. If you have any suggestions, comments or complaints, please call or email me, or use this link to reach out to me.
Mediation Certification Consortium of California (MC3) Information and Grievance Procedure
I have been certified as a Mediator by MC3. As an MC3-Certified Mediator, I have agreed to abide by the Model Standards of Conduct for Mediators adopted by the American Arbitration Association, the American Bar Association, and the Association for Conflict Resolution and by the Standards of Conduct for Mediators in Court-Connected Mediation Programs adopted by the California Judicial Council. The Mediation Certification Consortium of California (MC3) has established a confidential Grievance Procedure for addressing any reports that an MC3-Certified Mediator has not appropriately followed applicable standards of conduct. Please click here for information about MC3 and its grievance procedure.
Association of Attorney Mediators (AAM) Information and Grievance Procedure
I am also a member of the Association of Attorney Mediators, which has its own Association of Attorney-Mediators’ Ethical Guidelines for Mediators. Please click here for information on the AAM grievance procedure.