Al Baker

eLawPros

Convenient Affordable Legl Services
Dickinson, North Dakota 58601

701-630-1846

Accident, Business, Legal Malpractice, Medical Malpractice, Personal Injury, Probate, Real Estate, Trusts and Estates, Wills


My strongest area of expertise is personal injury litigation where I have handled all types of claims including medical negligence, dangerous drugs, defective products, MVAs, falls and dog bites to name a few.  However during my more than 30 years of practice I have also been involved in cases concerning construction, probate, real estate, property damage, insurance coverage, ERISA, FMLA, employment disputes and contracts.  I have represented plaintiffs and defendants including individuals, insurance companies, airports and the City of Fargo.

Why should you hire me as your mediator?  Four reasons:

1. Because I know what it takes to get a case settled.  I have counseled hundreds of plaintiffs through the litigation process.  I have successfully settled cases while working with many different mediators, opposing counsel and insurance companies. I have tried cases in state and federal courts in North Dakota and Minnesota.

2. I am an evaluative mediator.  In litigation mediation it is not enough to just keep people talking.  Litigation mediation requires an evaluative process to help both sides objectively identify and evaluate their strengths and weaknesses.  Honest objective evaluation leads to settlements.

3. I use a flat fee system that allows you and your client to know how much the mediation is going to cost before you start.  No surprises.  My “Mediation Fees and Procedures” are included in my “Summary.”

4.  Mediations can be held at my office where I have two separate conference rooms available and plenty of free off street parking.

I am a 1982 cum laude graduate of the J. Reuben Clark Law School at Brigham Young University.  I am admitted to practice before all state and federal courts in North Dakota.  I am a member of the North Dakota Statewide ADR Neutral Roster.

Here are my “Mediation Fees and Procedures.”

Procedures: (My general procedures are subject to modification to meet the specific needs of your situation.)

I suggest that you use a ½ day mediation starting at noon and continuing until the case is settled or to approximately 6:00 pm, give or take a few minutes depending on what is happening.  Six hours is long enough to reach an agreement in most cases.  I have found that starting at 9:00 am or starting at noon does not make a difference in whether the case gets settled or when it gets settled.  Starting earlier just dilutes the process.  Most of the time it takes the urgency created by the end of the day to draw the parties together for a final resolution. (My office is walking distance from four different places to grab a bite to eat if needed.)

Also I have the plaintiff arrive at noon with the defendant arriving at 1:00 pm.  This is based on the simple fact that a mediator must spend time with the plaintiff and understand the plaintiff’s story before any effective progress can take place.  There really is no reason for the defendant to be sitting in my conference room for an hour while I meet with the plaintiff.  When the defendant arrives at 1:00 I should be ready to meet with the defendant.

I do not recommend a joint caucus at the beginning of the mediation.  However I am open to holding a joint caucus during the mediation in those cases where it’s called for and will move everyone closer to a settlement agreement.

Fees:

I believe that whenever possible services should be based on a flat fee set before the services are purchased.  I charge $1000 for a ½ day mediation session, noon to 6:00 pm.  The charge includes the initial contacts to schedule the mediation, reviewing the mediation material submitted by both parties and the mediation session.  Unless agreed otherwise each party will pay $500.00 and the payment is required prior to the mediation.  If the mediation session is cancelled each party will receive a $350.00 refund.  If both sides agree to a full day mediation (9am to 6pm), the mediation will cost $1500.00 ($750 each)(cancellation refund $550 each).

If a settlement is not reached and the parties agree to continue mediation at any time the second ½ day (1pm to 6pm, both parties arrive at 1pm) charge is $600.00.  The second full day (both parties arrive at 9am) charge is $900.00.

These fees will apply to mediations at my office in Fargo, or at your office in Grand Forks, Valley City, Jamestown, Wahpeton or similar location.  For locations more than 100 miles from Fargo add $80/hour for travel one way.  I will not charge you for driving home.

1336 25th Avenue South
Fargo, ND 58103

P: 701-630-1836
E: [email protected]