FRANK BURKE MEDIATION CONFLICT RESOLUTION SERVICES
My conflict resolution services consist of mediation, arbitration, special master and discovery referee services.
My mediation services include early conflict resolution outside of the litigation process, as well as early dispute resolution and traditional dispute resolution during the litigation process.
I use a mix of facilitative and evaluative approaches depending on the situation and the parties’ desires. In caucuses, we confidentially and constructively explore the strengths and weaknesses of the parties’ cases, the best and worst and most likely alternatives to a negotiated agreement, the risks faced by each party if there is no settlement, and the costs of proceeding through trial.
I like to get to know the parties and hear their perspectives. I listen to them carefully and always treat the parties with empathy, respect and civility as I learn their views, motivations, wants and needs. I work with the parties to creatively brainstorm ideas and solutions and their settlement demands or offers and their later settlement moves with them, to help the parties reach a resolution that they can all accept. This may include business solutions as well as money demands and offers. I prepare intensively in advance of each mediation session. I believe in outside the box approaches and relentless follow-up.
For these services I offer an all-inclusive service fee which includes 30 minute pre-meeting calls with each party, one hour of preparation time for a half day conference, or two hours of preparation time for a full day conference, and follow up telephone conferences with the parties as needed to achieve a settlement. My private mediation fees include all of the above services at $2500 for a half day conference and $5000 for a full day conference, with no travel charges within the states of California and Arizona.
I conduct hearings with a firm and fair hand, trying for innovative and streamlined ways to receive evidence with a minimum of duplication and undue expense to the parties. I encourage parties to engage in minimal levels of discovery to achieve the cost savings the parties presumably hoped for when they chose arbitration. I will utilize any set of rules chosen by the parties but encourage them to utilize published and time-tested arbitration rules. I will draft reasoned opinions when the parties request them.
My arbitration services include all prep time and hearing time at $500 per hour or agreed upon daily rate. Travel charges to be agreed upon depending on the location.
SPECIAL MASTER/DISCOVERY REFEREE
I provide special master and discovery referee services upon agreement of the parties or reference from a court. I draw upon my 42 years of litigation and discovery experience in rendering decisions which will be based upon reasoned opinions. I have considerable experience with electronic discovery as a practitioner and teacher, and can help the parties develop a reasonable electronic discovery plan proportional to the issues and amounts in controversy. I believe in a phased approach to electronic discovery to minimize undue burden. These services are provided at $500 per hour or agreed upon daily rate.
I conduct pro tem judge assignments on a volunteer basis and serve on several court and bar association and other panels on a volunteer or pro bono or reduced fee basis to which the above rates will not apply. On such matters I will charge, if at all, in accordance with the rules of the panel.