I have arrived at the decision to charge a rescheduling/postponement/cancellation fee reluctantly but for reasons which make sense in the context of a mediation practice. Many attorneys react negatively to the mention of a cancellation fee, because such fees are foreign to the practice of law. In fact, cancellations are sometimes a boon to the busy lawyer who may use "found" time to work on other files.
The practice of mediation is very different from the practice of law. I charge fees, and earn income, only for time spent conducting conferences. Since time is "reserved" for a particular settlement conference, rescheduling or postponement or cancellation results in a loss of income for the reserved period, usually an entire day.
Generally my staff schedules conferences several months in advance. As we work with you to schedule your settlement conference, we will make every effort to find a date which makes sense for you, your client and your case.
I am especially aware that essential discovery must be conducted in order for settlement discussions to be meaningful. When you work with me or my staff in scheduling your conference, please be as realistic as possible about the discovery needs of your case and the demands of your schedule.
Ordinarily, a rescheduling/postponement/cancellation fee will not be waived because additional discovery is needed. Most of the time, the completion of discovery is within the discretion and control of the parties. We need to schedule a date for the conference far enough in advance for you to complete essential discovery.
Please note that if you feel your case will not be ready to hold a settlement conference by your scheduled date, call my office at least 30 days prior to the scheduled date to assure that you will not be charged this fee. If you do not postpone or cancel prior to thirty days of your scheduled conference, you will be charged this fee if we are unable to refill your scheduled date with another settlement conference.
Please know that we work diligently to try to refill cancellations with other settlement conferences, and if we are able to do this, you will not be charged a fee. If you need to schedule a settlement conference on short notice, please give us a call. There may be an opening we're trying to fill.
I hope this explanation has been helpful. If you have a question about how this charge may apply to your case, please contact me so that we can discuss it in detail.