Mark W. Gilbert
After over 17 years with Touchstone, Bernays, Johnston, Beall & Smith, Mark Gilbert decided to make a change in his career path. He decided to center his practice around Plaintiff’s Personal Injury, Employment Law and Mediation. In 1999, he joined the firm of Lyon, Gorsky & Gilbert, L.L.P. to begin those endeavors.
Mark Gilbert has represented both Plaintiffs and Defendants in his 27 years of practice and has extensive experience in all types of litigation with the major emphasis on personal injury and tort law. He has been hired by numerous insurance companies and self-insured companies to defend their litigation in matters including automobile collision cases, workers compensation issues, premises liability issues, products liability cases and toxic tort litigation. Mark has been fortunate to have a broad base of trial experience which has allowed him to try over 100 cases during his 27 years. He has been involved in cases that have gone to trial from as far west as Brownwood, Texas to as far east as Henderson, Texas, and from cities as far north as Sherman to as far south as Waco. This type of trial experience and involvement with various venues is helpful in solving problems that arise in mediation.
Mark Gilbert has mediated over 8,000 matters and has an over 80% success rate. He has conducted mediation sessions involving all types of matters in litigation as well as pre-suit mediations. Initially most of Mark’s mediation work has involved court appointments, but over the past several years he has been fortunate enough to receive a large percentage of mediated matters directly from attorney referrals and insurance company referrals. His experience in representing both Plaintiffs and Defendants are beneficial in helping to bring objectivity and balance to your litigated or pre-litigated matters.
Mark Gilbert offers a variety of mediation scheduling options emphasizing convenience for attorneys and their clients. Specifically, he offers early morning, mid-day and late afternoon expedited mediations featuring one and one-half hour or two hour sessions at a reduced fee arrangement (see Mediation Fee Schedule and Policy below). He will, of course, offer half-day and full day mediations sessions, as well as Saturday sessions. Mark’s office is also conveniently located near the Crescent complex with free parking.
Finally, Mark is available to conduct out-of-town mediation sessions in your
facilities or at a mutually agreeable site. Mark will also be available to conduct multi-party mediations on site at your facilities.
Use Our online Mediation Request Form
Mark Gilbert’s mediation practice offers competitive rates based upon the complexity of the matter and the amount of time needed to conduct the mediation session. Mark will not charge an administrative fee or cancellation fee as long as this remains economical. Multiple party cases will also be subject to a lower per party rate depending upon the complexity of the litigation or pre-litigation issues.
Commitment to the Mediation Process
Mark Gilbert has participated in hundreds of mediations as a litigator, as well as conducted over 1000 mediations. He is committed to this process and believes that the right mediator can make a difference in the resolution of litigated and non-litigated issues. You will find that Mark is an active rather than passive mediator. Frankly, this style of mediation is not for everyone, but his methods have helped him have an extremely high settlement percentage during the mediation session. However, if your mediation session does not result in a settlement, Mark will continue to endeavor to bring about a settlement. He believes in continuing to keep the channels of com-munication open through telephone and/or courthouse appearances. In short, when you hire Mark Gilbert, you will be hiring someone with tenacity and commitment to the process to bring about a resolution of your case.
MEDIATION FEE SCHEDULE AND POLICY
TIME, DURATION, AND FEES FOR MEDIATION SESSIONS
Rates effective January 1, 2017. Mediation fees are determined on the basis of whether the parties request an expedited, 4 hour or full day session.
Expedited 2 hour mediation sessions are available for simple two party cases. We do two hour mediation sessions from: 10:00 a.m. – 12:00 p.m. and 2:00 p.m. – 4:00 p.m. $400.00 per party (2 party cases only).
Rates for 2 hour mediations scheduled in 2019 – $475.00 per party.
Lunch is not provided for these sessions.
3 hour sessions are also available for simple two party cases. These sessions will be scheduled at the following times:
9:00 a.m. – 12:00 p.m. or 10:00 a.m. – 1:00 p.m. $550.00 per party
1:00 p.m. – 4:00 p.m. or 2:00 p.m. – 5:00 p.m. $550.00 per party
Rates for 3 hour mediations scheduled in 2019 – $575.00 per party.
Lunch will not be provided at 3 hour sessions.
4 hour sessions are available at request only.
9:00 a.m. – 1:00 p.m. and 1:00 p.m. – 5:00 p.m. $700.00 per party
Full day mediation sessions are available with lunch to be provided by the mediator. This session will be scheduled at the following time:
9:30 a.m. – 5:30 p.m. $1,500.00 per party (subject to change without notice)
*The mediator is committed to working on the case throughout the evening if necessary.
Pre-suit mediations will be conducted under the same fee arrangements. In some complex matters consideration will be given to a mediation fee on an hourly basis. The hourly fee is currently $375.00 per hour plus travel and unusual expenses.
The usual mediation fee is stated on a “per party” basis. The number of parties is determined by counting all parties represented by the same counsel as one party. Additionally, if one party is represented by multiple attorneys, that party is still considered as one party. Related parties, even with aligned interests, are considered as separate parties if they have separate counsel. The mediation fee shall be deemed fully earned at the commencement of the initial mediation session. Payment of the mediation fee is due within 10 days of the confirmation of the mediation, but not later than the commencement of the mediation session. All mediation fee payments shall be in the form of cash, cashiers check, insurance company check, corporate check, or check drawn on the bank account of (or payment guaranteed by) a law firm and payable to either Gilbert Mediation Group. For your information the firm tax identification number is 20-3886869.
Weekends are available for mediation sessions if requested by the parties or required by scheduling limitations. If the mediation session occurs on a weekend an additional 20% will be added to the total mediation fee to cover the additional costs incurred with the weekend session.
If requested by the participants, I will travel out-of-town to conduct mediation sessions at a mutually convenient location. If the mediation is in a county not contiguous with Dallas County there is an additional charge of $250.00 per party. In the unusual event that travel expenses other than mileage are required, the costs are to be divided equally among the parties. If it is necessary to spend an additional day traveling to or from a mediation location, the mediation session will be billed as a multiple session for the total number of days involved in the travel and conducting the mediation session.
RESCHEDULING AND CANCELLATION
At the present time, I am not instituting a rescheduling or cancellation fee; however, rescheduling is only permitted with the agreement of all parties and the court. I will continue this policy of no rescheduling or cancellation fee as long as this policy is not abused.
APPORTIONMENT OF FEES
The mediation fee is typically shared equally by all parties. It is acceptable for one party to advance or pay the mediation on behalf of another party (especially in pre-litigation matters). In court ordered mediation, the full amount of the mediation fee will be taxed as court costs unless the parties agree otherwise.
RESPONSIBILITY OF PARTIES
Each party’s attorneys shall be responsible for the timely payment of all fees specified herein. The mediator reserves the right to refuse to commence the mediation session if all fees have not been tendered in acceptable form.
Online Mediation Request Form
Gilbert Mediation Group
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