Knobel Mediation Services

What is KMS?

I have created and established an office which will provide attorneys and their clients with an array of alternative dispute resolution (ADR) services [e.g., conducting mediation at a pre-commencement or post-commencement litigation stage, and/or conducting binding arbitration proceedings pursuant to a family court order authorizing arbitration].
In cases not involving ADR, and after proper client authorizations are secured, I am prepared to assist an attorney in analyzing the strengths and weaknesses of the client’s case, at the pre-trial stage, in order to better prepare the case file and the client for settlement negotiations or for trial.

Are you prepared to travel throughout the State of South Carolina?

Yes, for the convenience of the client(s) and the attorney(s), I will travel to your city where I will make, coordinate, and confirm all the arrangements necessary to mediate or arbitrate the dispute. Or, in cases not involving ADR, I will meet with the attorney(s) and client(s) in preparation for settlement negotiations or trial. [Note: Your client will not be charged with any of my “travel time”; rather, as noted below, the clients’ cost will be incurred only for the time spent in the actual participation of mediation or arbitration, or in a client’s case review.]

If a case is settled by the parties at the mediation conference, will you prepare the parties’ mediation agreement?

Yes. If requested by the attorneys, I have created what I consider a prototype mediation agreement which will enable me to (1) mediate all the marital issues presented by your clients, and (2) create a detailed mediation agreement in the event there is a resolution of these marital issues.
I would anticipate this process saving the attorney(s) a substantial amount of time in having a final settlement agreement executed by your client(s). I am prepared to distribute the mediation agreement to the attorney(s) and client(s) in one of several ways: (a) print out the agreement for the client(s) and attorney(s), or (b) e-mail the mediation agreement to each attorney for your review and further modification, if necessary.

Will you serve as an arbitrator?

Yes. As noted above, I am prepared to arbitrate your case in accordance with the South Carolina Uniform Arbitration Act and the Court-Annexed Alternative Dispute Resolution (ADR) Rules. Once the parties' attorneys have informed my office they wish to have me arbitrate their clients' case, we will prepare and forward to the attorneys a proposed "Agreement to Arbitrate and Order". Once approved by the attorneys and their clients, we will execute the order, as the selected arbitrator, and immediately forward it to the Family Court in your circuit for its approval by the judge.

What is Alternative Dispute Resolution (ADR)

Using ADR in mediation involves a private, confidential decision-making process in which an impartial facilitator - the mediator or neutral - assists the disputing parties in a structured negotiation.
Using ADR in arbitration involves the parties making their presentations and arguments to a third party neutral who renders a decision, which may be binding or non-binding on the parties, depending upon their agreement. Typically, arbitration is less formal than a court proceeding and is most often used in a private setting.

Why, and when, would you want to use mediation?

Is it informal.
It is confidential.
It emphasizes self-determination by the parties.
It emphasizes problem-solving.
It is voluntary.
It is non-binding on the parties.
For cases already filed in the family courts, it offers the possibility of an earlier resolution of the case.

Why, and when, would you want to use arbitration?

It is voluntary and governed by an agreement of the parties.
It is confidential.
It may be much less expensive to the parties than having the case ultimately tried by the family court judge.
It can be scheduled by the parties or by their attorneys, thus providing greater and more efficient scheduling flexibility.
Cases can be resolved quickly.
The parties control the process and can control the procedure.
The parties select the decision maker - the arbitrator.

Can the mediator be the attorney for one or both parties?

No. The mediator is a complete neutral in the process, and his role is to assist the parties in reaching a settlement or resolution of their dispute.

Will the mediator give advice, make decisions, tell parties what to do?

Although the mediator, as the neutral, may make suggestions to both or all parties to facilitate the parties' progress in resolving their dispute, the mediator will not give advice to, or make the decisions for, the parties.

How long does mediation take?

The simple, and correct, answer is that mediation is a process intended to assist the parties in the resolution of their dispute. All cases presented for mediation are important to the parties and to the mediator, and a time deadline creates an artificial pressure on the process which is, for the most part, not helpful to the parties. The parties, in good faith, should always try and maintain patience with this process in working towards a solution and, ultimately, a successful resolution of their case.

What is the cost of ADR?

For mediation: $175 per hour. There will need to be an initial fee paid of $175 per party which must be paid prior to the date of the scheduled mediation. Full payment for the neutral's services must be made by the parties at the end of the mediation. Payment by credit card will be accepted. However, the responsibility for the payment of all mediation fees must remain with the party's attorney (s). Unless otherwise mutually agreed by the parties, each party will equally share in the mediator's fees.
For arbitration: $175 per hour. Each party shall pay, in advance of the scheduled arbitration, a retainer of $500 [the amount of the retainer above this minimum amount will be determined and based upon the number and complexity of the issues for arbitration and the amount of time the attorneys estimate will be needed to complete the arbitration].
For non-ADR case file review and pre-trial preparation: $200 per hour.

Are there any confidentiality requirements?