FAQ'S
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Learn answers to frequently asked questions about Brian K. Carroll’s mediation, arbitration, and consultation services.
The answer is “it depends…”. If mediation is an early/pre-suit mediation, open mediation statements can help each party better understand the position of the other parties, the respective damage models and the issues of the case. Open statements are very common on the West Coast and in other jurisdictions outside of Texas. “Confidential” statements are far more common in Texas. Confidential statements allow parties to be more candid with the mediator, and the document can serve as an internal tool to evaluate a party’s position without disclosing risks/concerns to the opposing parties. As a general rule, I do not use open statements unless all parties request same.
Business casual attire is acceptable for mediation. This is a working day and not a courtroom.
Parties must focus on mediation and plan to be present for the day. There may be limited times during the mediation when a party can check emails or return phone calls, but the parties should expect to be working all day. When I move to caucus with another party, I may request a party pull documents, research an issue, or discuss certain risks with their counsel.
Yes. Prior to virtual mediation Please ensure that you have stable and/or private Internet connection. Please use a PRIVATE SPACE. The space that you use should be interruption-free. Any individual that is not a party to the mediation should not be in the room.
Yes; however, pro-se attendees must pay for mediation no later than five days in advance. If the fee is not received five days prior to mediation, I reserve the right to deny participation to pro-se parties.
No case is too big to mediate. However, depending on the size, number of parties and number of issues, a case may take significant advance preparation or may take multiple days to successfully resolve. If you have a megacase, I am happy to work with the lead parties to develop the best mediation strategy to resolve the dispute.
Yes. I have spent as long as six months with a group of parties after mediation to complete a settlement. Reasonable follow-up is included in the price, and my desire to continue to work with all parties to reach a resolution is a value that I provide that most mediators will not.
I frequently mediate in-person in Dallas, Houston, Austin and San Antonio as well as at our local office. If mediation is required in person, one of the parties will generally need to host, although in some cities I have access to mediation space. I also mediate out of state for parties by request, especially on large or very technical construction disputes.
Yes, on a limited basis. Half-day mediations are conducted via ZOOM only and are available on Friday mornings only.
No. Hybrid mediation – where some parties attend in person and some parties attend via Zoom are rarely successful and a logistical nightmare. If the parties cannot even decide how to mediate, in-person or via zoom, the case is likely not ready to be mediated.
Yes. Should the parties require a pre-mediation conference with me that extends beyond a brief 30-minute phone call, additional invoices may be sent at $600.00 per hour.
Yes. While I am not a board-certified insurance lawyer, I have extensive experience with insurance coverage impacts on settlement. I have been asked to serve as a mediator frequently when coverage issues drive settlement far more than liability or damages.
Yes. Escrow services for mediation settlement payments are available through Sanderford & Carroll, PC. The cost for these services is generally included in the mediation fee.
Yes. We often have cancellations or groups that decide to push their mediation to a later date at the last minute, so it is always a good idea to call and see if there are any dates available on short notice.
No as a general rule, but as with all things, there are exceptions. If the settlement is not being driven by insurance and/or coverage issues, but by “business” decisions it may be more useful to have the parties mediate in person so that issues may be resolved face-to-face.
No. Opening statements often create an atmosphere of conflict and destroy the goal of mediation – to reach a resolution to a conflict. If a party desires to make an opening presentation, I am willing to listen to anything the party has to present in a private caucus but not via an opening statement to all parties.
In the event that a mediation is cancelled, or the date is re-scheduled within 30 days of the scheduled mediation start time, the cancelling party may be required to pay half of the total mediation fee. If notice of cancellation or re-scheduling is provided 30 days or more in advance, no fee will be charged.
Please email Jaylynn Dean at scheduling@bkcadr.com to obtain my availability for mediation.
Yes. We are happy to hold a date for you for 24 to 72 hours while you confirm. Please note that you must explicitly ask to hold a date for it to be reserved for you. We offer the same dates to dozens of groups every day, and it first comes, first serve for holds.
Please email Jaylynn Dean at scheduling@bkcadr.com to book mediation. Be sure to include the necessary information she will need to confirm such as:
- The complete style of the case
- Full or half day mediation?
- Virtual or in-person (if in-person, where?)
- List of parties and their counsel (be sure to include Firm information and emails for all attendees).
The answer is “it depends…”. If mediation is an early/pre-suit mediation, open mediation statements can help each party better understand the position of the other parties, the respective damage models and the issues of the case. Open statements are very common on the West Coast and in other jurisdictions outside of Texas. “Confidential” statements are far more common in Texas. Confidential statements allow parties to be more candid with the mediator, and the document can serve as an internal tool to evaluate a party’s position without disclosing risks/concerns to the opposing parties. As a general rule, I do not use open statements unless all parties request same.
Yes. Should the parties require a pre-mediation conference with me that extends beyond a brief 30-minute phone call, additional invoices may be sent at $600.00 per hour.
Business casual attire is acceptable for mediation. This is a working day and not a courtroom.
In the event that a mediation is cancelled, or the date is re-scheduled within 30 days of the scheduled mediation start time, the cancelling party may be required to pay half of the total mediation fee. If notice of cancellation or re-scheduling is provided 30 days or more in advance, no fee will be charged.
Parties must focus on mediation and plan to be present for the day. There may be limited times during the mediation when a party can check emails or return phone calls, but the parties should expect to be working all day. When I move to caucus with another party, I may request a party pull documents, research an issue, or discuss certain risks with their counsel.
Please email Jaylynn Dean at scheduling@bkcadr.com to obtain my availability for mediation.
Yes. Prior to virtual mediation Please ensure that you have stable and/or private Internet connection. Please use a PRIVATE SPACE. The space that you use should be interruption-free. Any individual that is not a party to the mediation should not be in the room.
Yes. We often have cancellations or groups that decide to push their mediation to a later date at the last minute, so it is always a good idea to call and see if there are any dates available on short notice.
Yes; however, pro-se attendees must pay for mediation no later than five days in advance. If the fee is not received five days prior to mediation, I reserve the right to deny participation to pro-se parties.
I frequently mediate in-person in Dallas, Houston, Austin and San Antonio as well as at our local office. If mediation is required in person, one of the parties will generally need to host, although in some cities I have access to mediation space. I also mediate out of state for parties by request, especially on large or very technical construction disputes.
No case is too big to mediate. However, depending on the size, number of parties and number of issues, a case may take significant advance preparation or may take multiple days to successfully resolve. If you have a megacase, I am happy to work with the lead parties to develop the best mediation strategy to resolve the dispute.
No. Opening statements often create an atmosphere of conflict and destroy the goal of mediation – to reach a resolution to a conflict. If a party desires to make an opening presentation, I am willing to listen to anything the party has to present in a private caucus but not via an opening statement to all parties.
Yes. I have spent as long as six months with a group of parties after mediation to complete a settlement. Reasonable follow-up is included in the price, and my desire to continue to work with all parties to reach a resolution is a value that I provide that most mediators will not.
Yes. Escrow services for mediation settlement payments are available through Sanderford & Carroll, PC. The cost for these services is generally included in the mediation fee.
No as a general rule, but as with all things, there are exceptions. If the settlement is not being driven by insurance and/or coverage issues, but by “business” decisions it may be more useful to have the parties mediate in person so that issues may be resolved face-to-face.
Yes. While I am not a board-certified insurance lawyer, I have extensive experience with insurance coverage impacts on settlement. I have been asked to serve as a mediator frequently when coverage issues drive settlement far more than liability or damages.
Please email Jaylynn Dean at scheduling@bkcadr.com to book mediation. Be sure to include the necessary information she will need to confirm such as:
- The complete style of the case
- Full or half day mediation?
- Virtual or in-person (if in-person, where?)
- List of parties and their counsel (be sure to include Firm information and emails for all attendees).
Yes. We are happy to hold a date for you for 24 to 72 hours while you confirm. Please note that you must explicitly ask to hold a date for it to be reserved for you. We offer the same dates to dozens of groups every day, and it first comes, first serve for holds.
No. Hybrid mediation – where some parties attend in person and some parties attend via Zoom are rarely successful and a logistical nightmare. If the parties cannot even decide how to mediate, in-person or via zoom, the case is likely not ready to be mediated.
Yes, on a limited basis. Half-day mediations are conducted via ZOOM only and are available on Friday mornings only.