Employment Mediation Corp (“EMC”)

 

*** EMC IS UTILIZING THE CONTINGENT FEE STRUCTURE FOR 1-v-1 INDIVIDUAL ACTION MEDIATIONS ONLY***

Please reach out to us or see below for further details.

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• Contingent Fee Structure for Individual Actions with 1 Plaintiff and 1 Defendant (or, if there is a pre-agreed split of liability between multiple Defendants)

There is no fee for using our mediation services for cases that essentially involve two "sides" unless we settle the case at mediation, via a mediator proposal thereafter, or if the matter settles within 90 days of EMC's last involvement with the parties about settlement following mediation. If so, the fee will be $12,000.00 flat.

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PLEASE NOTE: Commencing in 2027, EMC's contingent fee mediations will be predicated on an understanding that the defendant(s) is coming to mediation in good faith, meaning: (1) it/they will not be asserting inability to pay issues, or (2) it/they may be asserting inability to pay issues, but such issues will be addressed with plaintiff(s) at least 30 days prior to the mediation, and defendant(s) will provide plaintiff(s) with tax returns, P&Ls, balance sheets, and any such similar information at least 30 days prior, so plaintiff(s) have time to analyze and digest the information BEFORE mediation. If a defendant raises financial or inability to pay issues at the last minute, including on the day of the mediation, EMC reserves the right to convert the fee structure to non-contingent and to issue invoices to the parties regardless of if settlement is obtained or not.

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• Non-Contingent Fee Structure for Complex Individual Actions with Multiple Plaintiffs and/or Multiple and Separate Defendants

Commencing 1/1/27, EMC will be charging a flat fee of $14,000 due in advance for the mediation of cases that involve three or more sides or parties, and such fee will not be contingent on settlement.

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• Non-Contingent Fee Structure for Class/PAGA Matters

EMC charges a flat fee of $18,000.00 in advance for mediations of class/PAGA matters, and such fee will not be contingent on settlement.

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• Full Day Mediations

All rates listed above are billed at a flat rate which includes all preparation time; pre-mediation calls with counsel and/or parties; unlimited hours of session time on the scheduled day; and reasonable follow-up work to ensure or finalize a mutually satisfactory resolution. PLEASE NOTE THAT EMC IS NO LONGER OFFERING HALF-DAY MEDIATIONS.

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  Fee Split

The rates indicated above may be split equally among or between the parties, or split in any other way per parties’ agreement. Please let our office know of the fee split upon scheduling.

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▲ CONTINGENT MEDIATION CANCELLATION POLICY ▲

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EMC is flexible and willing to work with the parties on good-faith requests to continue or postpone a mediation to a later date – no cancellation or administrative fee will apply. However, we respectfully request as MUCH advance notice (AT LEAST 30 CALENDAR DAYS PLEASE!) for a request for continuance/postponement as possible be given to EMC, to allow us to try to book the date with another matter. For our non-contingent cancellation policy, please reach out to jaclyn@employmentmediationcorp.com.