NCC000001_Mediation in the City of Raleigh challenge to the NRCA Permit_20050418

40104
Reply to:
State of North Carolina Don Laton
Environmental Division
ROY COOPER Department of Justice Tel:[phone]
ATTORNEY GENERAL P. O. BOX 629 d}aton(u?rtcdol.cbns'
RALEIGH M
27602-0629 I 1'1
MEMORANDUM Q I [11
i
APR 2 5 2005
TO: Alan Klimek
Mike Templeton DENR - WATER QUALITY
POINT SOURCE BRANCH
FROM: Don Laton�, r?
DATE: April 18, 2005
RE: Mediation in the City of Raleigh challenge to the NRCA Permit
In spite of the likelihood of consolidating this case with the NRF challenge to the same
permit, the pendency of several Motions To Intervene, and our reasonable hope of settling the
contested cases, mediator selection and mediation scheduling has to be undertaken. Please note
the following:
The mediation is set for May 16, 2005 at 10:00 a.m in Raleigh.
We will convene at the law office of Poyner and Spruill on Glenwood Ave. In my opinion,
Mike, your presence at the mediation is absolutely essential. Alan, your participation is also
vital but- -given your schedule- - sending someone on your behalf who has full settlement
authority, an extensive understanding of DENR policy, and strong knowledge of the facts of this
case will be acceptable. Of course, anyone in DENR administration and appropriate DWQ staff
who wishes to attend, is welcomed to do so, subject to room capacity limitations. If the cases
are consolidated and intervention allowed we will proceed with mediation with all the additional
parties present. In any event,we have a mediation scheduled with the City of Raleigh.
The attached documents have information about the costs and other particulars of this
process.
Thanks for your time and consideration.
cc: Coleen Sullins
Paul Rawls
Dave Goodrich
Mary Penny Thompson

14:39 APR 08, 2005 FAX NO: 836-7024 #2910 PAGE: 1/3
•
Beason & Ellis Conflict Resolution, L.L.C.
2741 University Drive
Durham,NC 27707
[phone]
Robert A.Beason
Rene Stemple Ellis
To: Donald Laton
Company:
Fax Number: 19197166766
From: Amy Bindewald
Description : City of Raleigh/DENR
Total Pages : 3
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Amy
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14:39 APR 08, 2005 FAX NO: 836-7024 *2910 PAGE: 2/3
ESEASON&ELLIS
COgI$1(tResolution;LLC 2741 University Drive
Post Office Box 52270
Durham,NC 27717-2270
RENE STEMPLE ELLIS Phone: [phone]
Toll Free: 866-517-0145
ROBERT A. BEASON Fax: [phone]
April 8,2005
Daniel F. McLawhorn,Esq.
Donald W.Laton,Esq.
RE: City of Raleigh vs.NC Department of Environment and Natural Resources,Division of Water
Quality
BEASON&ELLIS CASE NO.: ME-05-27B
COURT NO.: 05 EHR 0326
Dear Counsel:
Pursuant to the Rules Implementing Statewide Mediated Settlement Conferences, this will confum the
arrangements for the above-referenced mediation. Mediation is a process by which the mediator facilitates
discussion in an effort to assist the parties in finding a satisfactory resolution. The mediator is not permitted to
decide issues or impose a decision,nor does the mediator act as an advocate for any party to the mediation.
Robert Beason is designated to serve as mediator. The mediation is scheduled for May 16, 2005 @
10:00 a.m. at[LOCATION BEING DETERMINED].
Please note on the enclosed mediation fee policy that Beason. & Ellis charges a
cancellation/postponement fee. Both Bob and René are full-time mediators and thus unlike a traditional law
practice, a postponed or cancelled day is a lost working day. Thus, we will charge a three-hour minimum
mediator fee in cases cancelled or postponed less than two weeks prior to the scheduled date.regardless of its
rescheduling. We will waive the fee if we are able to schedule mediation on that date. We will assume that
the fees will be divided evenly among the parties unless we are informed to the contrary. If you have any
questions or concerns about this policy,please contact us in advance of the mediation.
Although not required, Beason & Ellis suggests that you send a one-page summary and/or pleadings or
other documents pertinent to the case no later than one week prior to the scheduled mediation. Please submit
to our toll-free fax number of(866)530-2915.
We look forward to working with you. Please feel free to call me if you have any questions.
Sincerely,
arnvi' gextowta
Amy Bindcwald
Mediation Coordinator
Enclosures
@ ApAr
AJ R. corp
amyl
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1440 APR 08, 2005 FAX NO: 836-7024 *2910 PAGE: 3/3
Beason & Ellis Conflict Resolution, LLC
Robert A. Beason
Mediation Fees
For your convenience and ours, our usual practice is to mail invoices for
mediation fees to the attorneys for represented parties following mediation.
TO ENABLE US TO CONTINUE THIS PRACTICE, WE REQUIRE THE
ATTORNEYS TO ASSURE US OF PAYMENT FOR THE STATUTORY OR
AGREED SHARE OF THE MEDIATION FEES ALLOCATED TO THEIR
CLIENT. If requested, in order to facilitate payment or collection, our
mediators will provide handwritten invoice and receive payment at the
conclusion of the mediation. Unrepresented parties with no established
billing relationship with us will ordinarily be required to make payment at
the conclusion of the mediation.
Administrative Fee $190
• Becomes billable when a date for mediation
has been confirmed.
Mediator's Fee $275 per hour
Rescheduling Fee/Reconvening Fee $75
Postponement/Cancellation Fee $825
• A three-hour minimum mediator fee applies
in mediations postponed or cancelled less
than two weeks prior to the scheduled date.
• Since the fee is Intended to partially
compensate for a lost workday, this fee will
be waived if we, are able to schedule
another mediation on your date.
• The postponement/cancellation fee will be
invoiced equally between all parties unless
parties agree to allocate otherwise.
Travel time outside the Triangle (Durham, $137.50 per hour
Orange, Wake and Chatham Counties)
This is not a M.
Federal tax ID#45-0489-526
Revised October 1, 2004