Services

My role is to promote meaningful communication and strategic negotiation
to settle your case efficiently.

Mediation (In-Person and Online)

I mediate a wide range of state and federal claims, both pre-suit and in all stages of litigation. Coming in as a neutral in a case, I facilitate conversation to help people communicate in a way they may have had difficulty doing directly to help move the dispute to settlement. This involves more than just acting as the messenger in the middle of a dispute. Critical issues may not be apparent on the surface. Finding­ and addressing these issues is often necessary to break an impasse or improve the quality of an agreement.

Once the parties have agreed to move forward with mediation, my pre-mediation process includes discussion with all parties to ensure the case is postured for productive negotiations. However, you don’t need an agreement to mediate from the other parties  before contacting me. I can bring the parties to the table by communicating  with the other side(s) to see whether negotiations are a possibility and then help coordinate the mediation process.

Mediating at the earliest practical point in a dispute is ideal because there are numerous benefits that may be lost through delay. Quite simply, if you don’t make an attempt to resolve your conflicts at an early stage (i.e. as soon as the parties have sufficient information to comfortably negotiate and settle the dispute), you may eliminate the possibility of reaching the optimal solution. On the other hand, it’s never “too late” to mediate, as many cases are settled “on the courthouse steps,” or even when the parties think attempts to negotiate will be futile.

Online mediation is very effective. Video technology allows virtual mediation to unfold much the same as in-person mediation, with each participant attending via computer or mobile device. In many cases, the benefits of mediating online may make it preferable to in-person meetings. Hybrid mediations (with some participants being in-person and others remote) offer additional flexibility. See FAQ’s below for more information. As a Certified Online Mediator, I am dedicated to providing a dependable experience on par with mediating in person. And I can walk you through the process to address any technology concerns and coach participants on appearing for a Zoom meeting.

Case Evaluation

I offer private consultation to assist parties and counsel in evaluating their cases. You get an objective view of the strengths and weaknesses of your case with the goal of helping you determine how to best position the case toward the desired outcome.

Neutral Case Management

To facilitate the mediation process, I can manage your case discovery to minimize the time and cost of exchanging information required for productive negotiations. I help the parties develop a case management plan with the objective of focusing on the primary barriers to settlement. Once the parties identify information necessary to properly evaluate their case for mediation, I work with them to obtain that information in a cost-effective manner. Neutral case management is most effective in pre-suit matters and matters in the early stages of litigation.

Fees

Mediation fees include:

  • Arranging party participation
  • Review of pre-mediation submissions
  • Pre-mediation discussions
  • Mediation session
  • Post-mediation communication to facilitate closure

Mediation

Typically the meditiation fee for each party will be $1,200 (half-day) or $2,400 (full-day), but various factors (such as the number of parties, complexity of the case, financial constraints, etc.) can influence the fee arrangement for a particular case. Please contact Rosen Resolution at (206) 295-4624 or jason@rosenresolution.com to discuss your specific case. (There is no cost for these initial disussions.)

(A portion of each fee is donated to charity–typically one or more of the following organizations: Ballard Food Bank, Wellspring Family Services, Lifewire, Multiple Sclerosis Society, Jewish Family Services of Seattle, and KEXP. I am grateful my work provides an opportunity to support the greater community, and I invite you to suggest additional organizations.)

Case Evaluation

$300 per hour.

Neutral Case Management

Billed at a flat rate on a case-by cases basis and apportioned per the parties’ agreement. We discuss the project scope so an estimate/quote can be provided.

  • I will travel as necessary (and advisable, under COVID guidelines) to the mediation session, as well as mediate on weekends and/or evenings when requested. Additional fees may be proposed based on the circumstances of each matter.
  • In an effort to provide ADR services to all who may benefit from them, I offer sliding scale fees and pro bono services on qualifying cases.
  • I reserve time each week to respond to parties’ emerging needs and for conducting mediations on short notice.
  • Payments can conveniently be made by check, credit card or bank transfer.

Online Mediation FAQ

Does online mediation work?

In short, yes! Mediators and parties who have participated in online mediations have confirmed for years that it is just as effective as in-person mediation.

How does online mediation work?
After the parties agree on a date and time, they will receive a link to participate in a video mediation. Most of my mediations are held on Zoom but other platforms are available depending on your preference. Zoom allows for private Breakout Rooms. The mediator can move people in and out of these rooms as desired, just like an in-person mediation.

Before any mediation session, you will need the right software or Zoom app. Because I have a Zoom Pro Plan, with unlimited meeting time, you only need the free Personal Use Plan software and/or app and a free personal account. Once you have downloaded Zoom, you should familiarize yourself with the platform. Zoom offers tutorials here, and I’m happy to guide you through a “practice” meeting before the mediation session.

Who can participate in an online mediation?

Anyone who would participate in a face-to-face mediation can participate online (including expert witnesses, structured settlement consultants, translators, etc.)

How much does online mediation cost?

Fees for an online mediation are the same as in-person because the parties are getting the same level of service. However, with online mediation, there are no additional costs associated with  travel, facility fees or mediator travel time.

What equipment do I need?

A computer/laptop with video camera and a microphone are ideal for online mediation. Telephones and tablets with video screens can be used but are less effective and may have limited capabilities.

DO I NEED AN INTERNET CONNECTION? AND IS ONLINE MEDIATION SAFE AND PRIVATE?

You will need a secure WiFi or Ethernet (hard-wired) connection for your computer. Test the speed and dependability of your connection BEFORE your mediation by hosting a test meeting by yourself or with others. DO NOT use a public access WiFi connection, such as those available in public spaces and businesses as they are not secure and your information may be at risk.

What if I want to show documents or other materials?

Participants can easily share electronic files with others in their meeting. This includes Word documents, PDFs, PowerPoint presentations, photographs, videos, etc. Participants can also edit and/or mark-up documents. Files can be shared directly from a participant’s computer or provided to the mediator to share.

How is a settlement agreement signed at the end of an online mediation if everyone is in a different location?

I use Docusign as a secure online platform for the signing of documents required during the mediation process (more information can be found at www.docusign.com).

Does everyone have to be on video and in a separate location?

Not necessarily. If there is a reason for the mediator to engage with one or more of the parties face-to-face, that can be arranged. Likewise, if a party and their attorney want to participate from the same location and/or on the same device, that can be accommodated (although that has some drawbacks I would be happy to discuss). Participation by telephone, email and/or chat may be effective in some cases.

Where can I do an online mediation?

Any private, comfortable location with good lighting and a secure internet connection.