Ms. Elconin tailors her mediation style to the needs of the parties. With over 14 years of employment litigation and advice experience on a wide variety of employment issues (i.e., discrimination, harassment, retaliation, whistle-blower, class action, breach of contract, defamation, wage/hour, wrongful discharge and trade secrets/competition), Ms. Elconin understands the nuances and practical considerations of employment disputes. Ms. Elconin also draws upon her experience representing plaintiffs and employers to help the parties navigate the intense emotional landscape that often accompanies employment disputes.
Mediation Panels
Ms. Elconin currently serves on the following mediation panels:
- Equal Employment Opportunity Commission, Los Angeles District Office
- Court of Appeal, Second Appellate District
- Los Angeles County Superior Court
Mediation Briefs
In order to enable Ms. Elconin to thoroughly prepare for the mediation and to save valuable time during the mediation, each party is strongly encouraged to submit a confidential mediation brief at least 5 days prior to the mediation. The brief should be no more than 10 pages and should include the following:
- the procedural posture of the case (including settlement negotiations)
- the material facts of the case
- the legal claims and defenses asserted in the case
- the strengths and weaknesses of each party’s position
- the critical exhibits
- a damage analysis
- all other information counsel believes would be helpful to the mediation
Decision Makers
Mediations are most successful when the decision makers (including insurance representatives necessary for approval purposes) are present during the entire mediation or available by telephone. The parties to the mediation must ensure that all necessary parties are present or readily available.
Mediation Session
The mediation session will be tailored to the needs of the parties. Where appropriate, the mediation will begin with a joint session during which each of the parties and/or their counsel will be given an uninterrupted opportunity to speak. After completion of the joint session, the parties usually separate, and the process continues with a series of caucuses (private meetings between the parties and the mediator).
Confidentiality
Confidentiality is the cornerstone of the mediations process. All of the statements made during the mediation are treated as confidential settlement discussions. To that end, all of the participants in the mediation are required to sign a confidentiality agreement acknowledging the confidentiality of the information disclosed during the mediation.
Fee Schedule
Flat Rate: $3,000 per day.
The flat rate includes all elements of the mediation process:
- individual pre-mediation telephone calls with each attorney
- mediation preparation including review of the mediation briefs
- unlimited hours at the mediation
- unlimited post-mediation follow-up via telephone and email
Travel fees and costs will be charged only if it is necessary for Ms. Elconin to travel outside of the greater Los Angeles area.
Full payment of the mediation fee must be received in advance of the mediation date.
Cancellation Policy
If the mediation is cancelled at least two weeks prior to the scheduled mediation date, the mediation fee will be refunded in full.
If the mediation is cancelled or postponed less than two weeks before the scheduled mediation date, the mediation fee will not be refunded unless another mediation is scheduled for the reserved date.