Tom utilizes a combination of evaluative and facilitative approaches to resolve disputes, depending on the case and needs of the parties. His 30 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 Mediation Date

To reserve a mediation 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 dates

• Suggested location of mediation

• Mediation Location

Tom prefers to mediate at his office in Hermosa Beach. If that is not acceptable, a Zoom meeting can also be arranged.

Submission of Briefs

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

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, or available by phone, who has the ultimate authority to settle the case. At least one day before the mediation, the parties must identify to Mr. Kielty 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

Mr. Kielty never assesses or imposes a cancellation fee in the event a mediation is either canceled or needs to be postponed for any reason.

In addition, Mr. Kielty does not charge for travel time, other than any out-of-pocket travel expenses (hotel, rental car and air travel, or meals arranged and paid for during mediation sessions).

Mr. Kielty bills for all time dedicated to mediation related services, e.g., attendance at mediation, review of mediation summaries and preparation for mediation, telephone conferences and correspondence with counsel of record, post mediation follow-up, etc.

Confidentiality

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 Tom know in advance of the mediation.