Mediation Protocols and Fees

  • Once the parties have agreed to mediate their case, email Robin Woolsey to schedule the mediation:
  • The mediation will be held at the Applicant or Defense attorney’s office, the office of the Insurer or 3rd Party Administrator or at another location agreed by the parties.
  • 15 days prior to the mediation the mediation fee is due. If not received by that date, the mediation will be rescheduled.
  • 15 days prior to the mediation the parties are to submit to the mediator confidential position statements (by letter is fine) outlining the case, the medical and legal issues involved, ratings, the status of prior settlement negotiations if any, and the party’s position on the issues along with their proposed settlement. This is extremely important as failure to submit a position statement or do so timely does not help your client’s position.
  • Relevant medical reports and other documents (e.g. portions of depositions, personnel records, subrosa, MSA’s and CMS approval, vocational reports etc.) should accompany the position statement.  Parties should confer to avoid duplication.  If the records are too extensive, the fee may need to be adjusted.
  • Mediation will be one half day, from 9 A.M. to 12 Noon or 1:30 P.M. to 4:30 P.M., unless other arrangements are made. Parties are expected to be prompt.


  • Applicant and the handling Applicant’s Attorney must be in attendance. Handling Defense Attorney must also be present and the adjuster should be in attendance or must be readily available by telephone.  No contract attorneys, other non-handling attorneys in the firm or hearing representatives are permitted.  The adjuster should have authority to resolve the case or be able, with supervisor concurrence if necessary, to recommend that authority be extended by home office for any proposed settlement. All counsel and the adjuster/supervisor are expected to review and know their file and arrive prepared.
  • If the case calls for it, a structured settlement vendor should be in attendance if one can be agreed by the parties. If no agreement, the parties may bring their own.
  • Prior to commencement of the mediation the parties will be required to sign a confidentiality/ nondisclosure/ nondiscovery agreement regarding the mediation. Parties will be required to sign a preliminary agreement pertaining to the position statements at the time the mediation is scheduled.
  • Defense counsel should arrive with settlement paperwork prepared to the extent possible, so that when settlement is agreed the documents can be quickly completed and signed.   If final authority is pending, the proposed documents can be reviewed and any issues concerning language can be worked out with input or assistance from the mediator.


  • For review of the position statements and medicals and other documents, travel time to and from the mediation (up to 40 miles from Riverside, CA – beyond that will involve an additional fee) and the half day’s mediation, the fee is $2,500.00, payable by the defendant. If the mediation is cancelled more than 5 days in advance and the mediator has not reviewed the position statements and documents, all but $100.00 will be refunded.  If the mediation is cancelled more than 24 hours before the date and time scheduled and the position statements and documents have been reviewed, there will be a cancellation fee of $750.00 and the balance of $1,750.00 will be refunded.  For cancellations within 24 hours there is a cancellation fee of $1250.00 and the balance will be refunded.  No refund for cancellations on the day of the mediation.
  • To schedule a mediation, contact Robin Woolsey by email at:

Please provide the case caption, who the parties and attorneys are along with their addresses, phone numbers and emails, and the adjuster’s name, claim number and contact information.  Please provide several proposed dates, times and the location.  Mr. Woolsey will contact you in return to schedule.