For Attorneys: Frequently Asked Questions about ESP

1. We might settle or file a stipulation to mediate. Can I have an extension on paying the fee?

No, the fee remains due on the fee due date. Please go ahead and pay it. If you have not actually settled or signed a Stipulation to Mediate, we can't take you out of the program and we continue to administrate the matter towards a conference. If you do settle or file the Stipulation to Mediate in a timely manner before your original conference date, the fee may be refundable, or partially refundable. See "Can I get a refund if we settle or are otherwise removed from the program?" below.

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

You will receive one past due notice, and then if the fees still aren't paid we notify the Superior Court that the fees are delinquent. The Court issues an Order to Show Cause as to why the fees haven't been paid, which requires you to either pay the fee or appear in court. Sanctions may be ordered if you don't keep this court date.

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. If a case is dismissed, settled or otherwise removed from the Early Settlement Program, and BASF is notified in writing more than six weeks prior to the originally scheduled Early Settlement Conference date, you can receive a full refund; if it is less than six weeks but more than four weeks prior to the originally scheduled Early Settlement Conference date, you can receive a 50% refund; less than four weeks prior to the originally scheduled Early Settlement Conference date, no refund shall be issued.

Keep in mind that the fee is an administrative fee, to cover the administrative costs of the program, and is not contingent on actual attendance at a conference. So you could end up owing the fee even if you don't have your conference. This is true whether you settle or decide to mediate the case instead. It depends on when you come out of the program.

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

It depends on the relationships among the parties. Certain relationships qualify to be considered one party:

• Married couples/spouses/domestic partners
• Parents and dependent children or dependent elders
• Companies and their officers, directors, principals
• Companies and employees if the company is paying the costs for the employees (or if the company/employee fees are covered by an insurance policy)
• Companies and their parent or subsidiary companies
• An estate and the representatives for that estate

There may be a few other situations where two or more parties could be considered one party, but in general, all others are considered to be separate parties. For example, building owners and building managers are considered to be two parties. Parents and independent adult children are separate parties. Please call Marilyn King at (415) 782-8987 or inquire in writing if there are questions about specific relationships among parties.

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.