back to Screen-Friendly page

For Attorneys: Frequently Asked Questions about ESP

  1. We might settle. Can I have an extension on paying the fee?
  2. What happens if I don't pay the fee?
  3. Can I get a refund if we settle or are otherwise removed from the program before the conference date?
  4. I represent several parties. Do I have to pay a fee for each of them?
  5. My fees were waived by the Court, do I still have to pay the ESP fees?

1. We might settle. Should I go ahead and pay the fee?

A panelist won’t be assigned until all parties have paid the fee, so not paying the fee will delay the setting of your conference date.

2. What happens if I don't pay the fee?

Failure to pay the fee will result in the matter being removed from the ESP without a panelist being assigned. However, in multi-party cases where some parties have paid, counsel may agree to hold the conference without the participation of non-paying parties.

3. Can I get a refund if we settle or are otherwise removed from the program before the conference date?

This depends on the timing.

  1. If the matter is withdrawn, in writing to BASF, after all parties have filed the ESP Agreement form and paid administrative fees, but prior to initial panelist assignment, one half the administrative fee shall be refunded, upon written request.
  2. If the matter is withdrawn, in writing to BASF, after initial panelist assignment, the fee is non-refundable.
  3. If the matter is closed due to the other party(ies) declining to pay the administrative fee and thus withdrawing their consent, the initiating party(ies), upon written request, will receive a full refund of the administrative fee, minus $45/party service charge.

4. I represent several parties. Do I have to pay a fee for each of them?

There is a $590 cap for multiple parties with the same attorney.

5. My fees were waived by the Court, do I still have to pay the ESP fees?

No, if your fees were waived by the Court, please let us know in writing and we will waive the ESP fee.