Mediation Process

Mr. Barnes utilizes a combination of evaluative and facilitative approaches to resolve disputes, depending on the case and needs of the parties.  Mr. Barnes’ 17 years of directly dealing with plaintiffs, defendants, and counsel makes him uniquely qualified to understand and relate to everyone involved in a litigated case.

Reserve a Date Today

To reserve a hearing date, we need the following information:

  • Case name and venue
  • Attorneys involved
  • Agreement from all parties and counsel regarding the division of the mediation fee
  • Proposed mediation hearing dates
  • Suggested location of mediation

Mediation Location

Mr. Barnes prefers to mediate at the law office of one of the attorneys handling the litigation. If no office is acceptable or available, Mr. Barnes will provide a neutral location to conduct the mediation.

Submission of Briefs

Briefs should be submitted at least five days prior to the mediation hearing.

Mediation briefs should include:

  • Facts
  • Procedural background
  • Legal claims and basis for those claims
  • If applicable, class certification status
  • Damages evaluations
  • Settlement demands/offers

Attendance at the Mediation

All parties must have someone present who has the ultimate authority to settle the case. At least one day before the mediation, the parties must identify to Mr. Barnes the names and titles of all individuals attending the mediation. Physical attendance by individuals with ultimate authority to settle the case is crucial to a successful mediation.

Payment & Cancellations

If full payment is not received in advance of the mediation it may be cancelled. The mediation fee is refundable if the engagement is canceled twenty-one (21) days or more before the scheduled mediation date. The mediation fee is subject to forfeiture if the engagement is canceled or postponed less than twenty-one (21) days before the mediation date, unless the date is re-booked with a different mediation.


Please submit your mediation brief confidentially.  Please do not share your brief with opposing counsel.  If you are opposed to submitting your brief in this fashion please let Mr. Barnes know in advance of the mediation.