Services

After more than 40 years in the practice of law and wide-ranging, deep experience in business and litigation, Randy Rapp devotes his alternative dispute resolution (“ADR”) practice to providing effective, efficient alternatives for resolution of disputes. He ends disputes.

Mediation is the least expensive and quickest path to resolving a dispute. In most mediations conducted by Randy, the parties resolve their dispute. In all of his mediations, the parties control their own dispute and destiny.

Arbitration offers an efficient, typically less expensive, and usually quicker alternative to litigation for resolution of disputes as well as an opportunity for the parties to fashion a process that fits their needs. Randy’s commitment as an arbitrator is to manage a process in which all parties are provided a full and fair hearing of their side of the dispute and receive a clear, rational Final Award.  

Mediation and arbitration both require agreement of the parties to the process and often agreement on the mediator or arbitrator. When agreement is not possible, parties in dispute should explore alternatives for expediting resolution such as Guided Choice mediation, independent evaluation, settlement counsel, mock trials or hearings, and others, while preparing to pursue litigation to judgment if necessary.

Services

After more than 40 years in the practice of law and wide-ranging, deep experience in business and litigation, Randy Rapp devotes his alternative dispute resolution (“ADR”) practice to providing effective, efficient alternatives for resolution of disputes. He ends disputes.

Mediation is the least expensive and quickest path to resolving a dispute. In most mediations conducted by Randy, the parties resolve their dispute. In all of his mediations, the parties control their own dispute and destiny.

Arbitration offers an efficient, typically less expensive, and usually quicker alternative to litigation for resolution of disputes as well as an opportunity for the parties to fashion a process that fits their needs. Randy’s commitment as an arbitrator is to manage a process in which all parties are provided a full and fair hearing of their side of the dispute and receive a clear, rational Final Award.  

Mediation and arbitration both require agreement of the parties to the process and often agreement on the mediator or arbitrator. When agreement is not possible, parties in dispute should explore alternatives for expediting resolution such as Guided Choice mediation, independent evaluation, settlement counsel, mock trials or hearings, and others, while preparing to pursue litigation to judgment if necessary.

Mediation@2x

Mediation

Mediation is facilitated negotiation in which the parties make all the decisions in their dispute.  As a trained, neutral third party, Randy opens communications between parties to help them better understand all perspectives of a dispute. Mediation is less formal than arbitration or litigation. The parties remain in control of their dispute and its resolution. Randy leads parties toward resolution with patience, persistence, and perspective. The parties resolve most disputes in mediations conducted by Randy, allowing them to move on and, in a significant number of cases, continue their business relationship.

Arbitration

Arbitration is an alternative to litigation in which a legally-binding decision is made by an expert, neutral third party. Randy’s legal and business background coupled with his extensive training and experience in arbitration gives him the ability to efficiently hear and review the evidence, understand and evaluate the arguments of the parties, and expeditiously render a fair decision. In his arbitrations, Randy works with counsel and the parties to develop an arbitration process tailored to the dispute and designed to provide efficient, economical justice.

Arbitration@2x
Litigation Counseling@2x

Litigation Counseling

Litigation is usually the first and often the only option considered when a dispute escalates beyond the power of those involved to resolve it.  Randy Rapp recommends alternative dispute resolution processes as a first step to try to avoid litigation, de-escalate the dispute, or, if necessary, better prepare for litigation.

Rates & Fees@2x

Rates & Fees

Arbitration
Private

For arbitrations submitted to Randy directly, his standard rate is $400/hour for all services from the preliminary scheduling conference through award. Each party will be invoiced an equal share of the estimated total arbitration costs after the preliminary scheduling conference. The deposit must be received before further services are rendered after the preliminary conference. Any unused deposits are refunded after the arbitration. Upon cancellation or rescheduling of a scheduled arbitration hearing within one week of the scheduled hearing date, the parties will be charged for three hours of time. Costs of arbitration, including the deposited fees, are often redistributed in the award by operation of the rules under which the arbitration is conducted, by application of the parties’ agreement or application of law.

Arbitration
American Arbitration Association (AAA)

For arbitrations administered by and conducted under the rules of the American Arbitration Association (“AAA”), the arbitration is initiated by a demand filed with the AAA and payment of the AAA filing fee. The AAA has a process for selection of arbitrators from its rosters. Randy is on the Commercial and Construction Industry rosters of AAA and may be on the list of arbitrators for an AAA arbitration case. For AAA arbitrations, in recognition of the AAA filing fees, Randy’s standard rate is $350/hour. All other fees and costs of AAA arbitrations can be found at http://www.adr.org or in the applicable rules of AAA.

Mediation
Private

Randy Rapp’s rates for preparation, mediation sessions, and follow-up, if necessary, are negotiated in each case. However, his normal rate for larger-dollar or multi-party mediation is $500 per hour. Randy does not charge for the first pre-mediation conference. These mediations are typically administered by Resolute Systems LLC. Each party is charged a non-refundable $185 administrative fee.

– The mediation fee is typically divided equally among the parties unless otherwise agreed by the parties. Randy subscribes to the Association of Attorney-Mediators principle that cost should not preclude access to mediation. For smaller-dollar disputes, disputes involving not-for-profit organizations, disputes in smaller legal markets with lower attorney rates than in major metropolitan markets, or other serious reasons, Randy will negotiate an agreeable rate or other reasonable alternatives for mediator compensation, including half-day and full-day set fees.


– Deposit: Each party will be invoiced total fee and the administrative fee, if any, upon confirmation of the mediation date. The deposit must be received ten days prior to the scheduled mediation. Any unused portion of the deposit is refunded after the mediation.


– Cancellation & Rescheduling Policy: Upon cancellation or rescheduling of the mediation within one week of the scheduled conference, the parties will be charged for three hours of time.

Mediation
American Arbitration Association (AAA)


Randy is a member of the Construction Industry and Commercial mediation panels of the AAA. His rate for AAA mediations is $400 per hour. His AAA profile and further information about AAA-administered mediation can be found at https://www.aaamediation.org/find-mediator/results.

Disputes and Transactions
Direct Representation of Client


Randy’s standard rate for direct representation of clients for disputes or transactions is $400/hour. All other representation terms, such as special fee arrangements, advanced costs, and retainer, if any, are discussed with the client and followed with an engagement letter spelling out the terms of the representation.

Rates & Fees@2x

Rates & Fees

Arbitration
Private

For arbitrations submitted to Randy directly, his standard rate is $400/hour for all services from the preliminary scheduling conference through award. Each party will be invoiced an equal share of the estimated total arbitration costs after the preliminary scheduling conference. The deposit must be received before further services are rendered after the preliminary conference. Any unused deposits are refunded after the arbitration. Upon cancellation or rescheduling of a scheduled arbitration hearing within one week of the scheduled hearing date, the parties will be charged for three hours of time. Costs of arbitration, including the deposited fees, are often redistributed in the award by operation of the rules under which the arbitration is conducted, by application of the parties’ agreement or application of law.

Arbitration
American Arbitration Association (AAA)

For arbitrations administered by and conducted under the rules of the American Arbitration Association (“AAA”), the arbitration is initiated by a demand filed with the AAA and payment of the AAA filing fee. The AAA has a process for selection of arbitrators from its rosters. Randy is on the Commercial and Construction Industry rosters of AAA and may be on the list of arbitrators for an AAA arbitration case. For AAA arbitrations, in recognition of the AAA filing fees, Randy’s standard rate is $350/hour. All other fees and costs of AAA arbitrations can be found at http://www.adr.org or in the applicable rules of AAA.

Mediation
Private

Randy Rapp’s rates for preparation, mediation sessions, and follow-up, if necessary, are negotiated in each case. However, his normal rate for larger-dollar or multi-party mediation is $500 per hour. Randy does not charge for the first pre-mediation conference. These mediations are typically administered by Resolute Systems LLC. Each party is charged a non-refundable $185 administrative fee.

– The mediation fee is typically divided equally among the parties unless otherwise agreed by the parties. Randy subscribes to the Association of Attorney-Mediators principle that cost should not preclude access to mediation. For smaller-dollar disputes, disputes involving not-for-profit organizations, disputes in smaller legal markets with lower attorney rates than in major metropolitan markets, or other serious reasons, Randy will negotiate an agreeable rate or other reasonable alternatives for mediator compensation, including half-day and full-day set fees.


– Deposit: Each party will be invoiced total fee and the administrative fee, if any, upon confirmation of the mediation date. The deposit must be received ten days prior to the scheduled mediation. Any unused portion of the deposit is refunded after the mediation.


– Cancellation & Rescheduling Policy: Upon cancellation or rescheduling of the mediation within one week of the scheduled conference, the parties will be charged for three hours of time.

Mediation
American Arbitration Association (AAA)


Randy is a member of the Construction Industry and Commercial mediation panels of the AAA. His rate for AAA mediations is $400 per hour. His AAA profile and further information about AAA-administered mediation can be found at https://www.aaamediation.org/find-mediator/results.

Disputes and Transactions
Direct Representation of Client


Randy’s standard rate for direct representation of clients for disputes or transactions is $400/hour. All other representation terms, such as special fee arrangements, advanced costs, and retainer, if any, are discussed with the client and followed with an engagement letter spelling out the terms of the representation.

Randy Rapp has been involved in alternative dispute resolution for most of his 40-plus years of experience in law and business:

  • Arbitrator in dozens of commercial and construction disputes and a member of the American Arbitration Association panel of arbitrators since 1982.
  • Mediator in over 300 commercial, employment, real property, and construction disputes with the parties settling most of his mediated cases.
  • Successful advocate in hundreds of litigations, administrative proceedings, arbitrations, and mediations.
Learn More

What is your Alternative Dispute Resolution experience?

Randy Rapp has been involved in alternative dispute resolution for most of his 40-plus years of experience in law and business:

  • Arbitrator in dozens of commercial and construction disputes and a member of the American Arbitration Association panel of arbitrators since 1982.
  • Mediator in over 300 commercial, employment, real property, and construction disputes with the parties settling most of his mediated cases.
  • Successful advocate in hundreds of litigations, administrative proceedings, arbitrations, and mediations.
  • Arbitrator in dozens of commercial and construction disputes and a member of the American Arbitration Association panel of arbitrators since 1982.
  • Mediator in over 300 commercial, employment, real property, and construction disputes with the parties settling most of his mediated cases.
  • Successful advocate in hundreds of litigations, administrative proceedings, arbitrations, and mediations.
Learn More