What is RPM?
At its core, RPM is a relatively new product meant to assist with cases (primarily in district court) where the standard hourly rate fee schedule makes mediation/facilitation impractical on a cost/claim basis. RPM was specifically created as an expedient and cost-effective solution for smaller provider/plaintiff claims (usually less than $10,000 to $15,000).
What makes RPM special?
There are a few distinctive aspects to your RPM session making it different than a “standard” facilitation. These distinctions related to the scheduling process, the filing/length of summaries, settlement negotiations, and the flat fee.
The Scheduling Process
RPM is intended to be streamlined and more efficient in all aspects, including reducing the amount of legwork/paperwork for both our office and yours. Scheduling is accomplished quickly and easily utilizing our fully automated real-time online scheduler; which can be found by clicking the link below or the “scheduling” link in the top menu.
In my experience, this is best accomplished by the attorneys (or assistants) contacting each other while both looking at my scheduling portal simultaneously. The dates/times listed are “real-time” (if it shows available it is available) and your booking will be finalized and confirmed by email immediately. Please ensure that email addresses for all participating attorneys (and assistants if necessary) are provided in the portal so everyone receives the confirmation. (Incidentally, the scheduling portal works in the same way for standard facilitations).
Summaries
A short summary in advance of your session is encouraged and helpful to the process. However, because the entire RPM process is designed to be expedited, your summary should be brief and to the point. Additionally, to make the most efficient use of your scheduled RPM block, please ensure that you have up-to-date numbers for bills and payments before the RPM session begins. Summaries can be sent via email, fax, or dropbox.
Negotiations
Each RPM session is booked for a one-hour block with the expectation that the parties will get right to the “meat and potatoes” of the negotiation process. The session will generally begin with each attorney privately providing a short verbal summary of the strengths/weaknesses of the case (similar to a Case Evaluation “pitch”). Thereafter, we will proceed directly to the negotiations. Whenever possible, please attempt to secure “bottom line” authority from your client before your RPM session. While it is expected that some calls may need to be made to clients during the session, it is best to keep them to a minimum.
RPM Fees
Rather than the standard hourly rate model, the fee for your RPM session will usually be $250.00 per participating attorney. The “usually” caveat is used only because it may be impractical to complete the RPM session in one hour if there are more than two or three distinct providers involved for each attorney.
Additional Time
If additional time is required beyond the one-hour block, and assuming the next (or another) hour open, your RPM can continue for an additional one-hour block(s) at a reduced additional flat fee of $150.00 per participating attorney. However, the initial RPM session is afforded a complimentary 15-minute “buffer” before an additional one-hour block is required. In short, this means that the first 75 minutes are included in the initial one-hour RPM block.
Settlement Recommendations
If the parties mutually request a settlement recommendation at the conclusion of your RPM session, there is an additional flat fee of $75.00 per participating attorney to cover the time involved with preparing the recommendation/award, following up on responses, and notifying the parties of the outcome.
Case Evaluation
If the parties request a Case Evaluation Award at the conclusion of an RPM session, there is an additional flat fee of $75.00 per participating attorney to cover the time involved with preparing the Award, following up on responses, and notifying the parties of the outcome. Please note, unless otherwise ordered by the Court or stipulated by the parties, any Case Evaluation Awards will be governed by MCR 2.403 and considered “unanimous” for the purposes of the MCR 2.403(O).
Other considerations
While we try to make RPM as flexible as possible, every case is different and what works for one case may not be practical for another. As such, there may be instances where the RPM structure outline here may not work for your case. Nevertheless, every effort will be made to transparently identify anomalous cases/issues and be fair and reasonable in dealing with them.
Concerns and anomalies
When the dust settles, RPM is just as new to us as it is to you. There will be some growing pains and adjustments required along the way. Nevertheless, our goal is to ensure that all involved parties are satisfied with the RPM process. If there is anything we can be doing to make the process better or if you have suggestions/concerns, please do not hesitate to contact us immediately.