Frequently Asked Questions
What do you charge for mediating a case?
My mediation fee is $325/hour.
Do you conduct mediation for all types of cases?
The majority of my mediations involve family law, estate or trust issues and contract disputes. I have mediated personal injury, employment, probate and other cases. I do not mediate medical malpractice cases.
What form of payment do you accept?
I prefer Venmo, but also accept credit cards.
How long does mediation take?
A typical session takes 3 to 6 hours. However, it is not uncommon for a mediation to last the entire day.
When is payment due?
Payment is due in full at the completion of the mediation.
Do you mediate more than one case/day?
No. It is impossible to know in advance the length of a mediation. I don’t think it is fair or appropriate to leave a mediation before it is complete because I have something else scheduled.
What information do you need prior to the mediation?
Other than the names of the parties and attorneys, I generally can learn what I need to know during the mediation. Most attorneys prefer to provide information about the case at mediation to save time and expense.
Where do mediations take place?
Since I am only doing remote mediations, the participants can be anywhere they have access to the internet with a computer or smartphone.
Do you accept mediation briefs, pleading, documents or other information prior to the mediation?
Yes. Attorneys can mail or email me what they want me to review at least 24 hours prior to mediation.
Are the parties required to sign a Mediation Agreement?
Yes. A copy of my Mediation Agreement is set forth at the end of this site.
Do you charge for preparation time?
I don’t charge for scheduling the mediation or for review of a basic statement about the case. If preparation time exceeds 1/4 hour, I charge the party submitting the information my hourly rate for preparation time.
How is mediation conducted?
The attorneys and parties join the Mediation at the designated time. I provide a summary of my background and the mediation process. I also determine if there are any questions about the Mediation Agreement. I then place the parties and their attorneys in separate breakout rooms. I then alternate meeting with each party to understand their position and encourage and assist in negotiating a settlement of the case. Any agreements are reduced to writing and an attorney is designated to prepare the final pleadings.
Do you charge a cancellation fee?
I do not charge a cancellation fee if I have 48 hours notice of cancellation.
Do you do remote and in-person mediations?
I only did in-person mediations until the Spring of 2020 when the Covid restrictions were imposed. At that time I started doing remote mediations via Zoom. Since I find remote mediations more convenient for everyone, I now only do remote mediations.
Do you have a minimum fee for mediation?
Yes. My minimum fee is $650 (two hours).
What are the advantages of Zoom mediations?
Convenience.
Attorneys, litigants and myself can do mediations from the comfort of our homes or offices.
Safety.
Remote mediations allow the participants to avoid driving in winter conditions.
Logistics.
In-person mediations require two conference rooms which sometimes don’t exist or are unavailable.
Cost.
Attorneys and mediators are paid based on their time. Remote mediations allow litigants to avoid paying for travel. It also allows lawyers to work on other cases while the mediator is in conference with the other party and their attorney.
Why does mediation work?
How difficult is it to use Zoom?
It is extremely user friendly. The Zoom App needs to be downloaded by all participants and then they need to click ‘join’ when the meeting starts. I send each attorney an Invitation to the Zoom Meeting a week before the mediation and a reminder of the meeting 10 minutes before it starts. The attorneys forward the Zoom invitation to their clients.
Do you do pro se mediations?
I don’t do mediations unless both parties have attorneys present.
How effective are Zoom mediations?
I find them extremely effective. There is little difference between an in-person mediation and a Zoom mediation in terms of success and procedure. I set up breakout rooms for each side and go back and forth between the rooms as I would in an in-person mediation.
Why should Terry Christiansen be retained to conduct the mediation?
I have over 40 years experience as a trial attorney, judge and mediator. I do not just shuffle offers from one party to the other, but will offer my opinion on what to reasonable expect if the case goes to trial. Using my experience and an innate ability to communicate and gain the respect and confidence of the parties, I am able to help resolve an incredibly high percentage of cases.
What information do you need to conduct a Zoom mediation?
I need an email address for each attorney. It is also helpful to get a direct telephone number for each attorney if I need to call them to join the mediation.
Do you allow non-parties to appear and support a party to the mediation?
Yes. A parent, spouse, sibling or close friend can appear to support a party. I have found this support can be either a benefit or a detriment to the negotiation process.
Are there any circumstance where you will conduct an in-person mediation?
On rare occasions, I will conduct an in-person mediation. However, my fee increases to $425/hour and I charge $500 for travel time.
Contact Terry Christiansen to learn more
Terry Christiansen
Judge (Ret.)
435-901-8666
tlchristiansen@gmail.com
P.O. Box 437, Henefer, UT 84033