Costs of the Mediation
The Mediator’s fees, costs and expenses as set out herewith and each of the Parties’ own costs and expenses arising out of the Mediation (“Mediation Costs”) shall be treated as follows:
1:
Subject to clause below and unless agreed otherwise in any settlement agreement, each Party shall bear its own share of the Mediator Fee.
2: The Mediator will be paid in accordance with the following. For smaller claims, a fixed fee will be payable based upon the following:
COST PER PARTY
Claim value up to
£75,000
£125,000
£250,000
£500,000
Fixed Fee – including up to 2-hours preparation and up to 4-hours mediation
£600
£1,200
£1,450
£1,850
Extra hourly charge applicable after 4 hours of mediation time only
£150
£200
£200
£200
(All fees exclusive of VAT)
Example dispute types:
- Intellectual Property
- Climate Change disputes
- Contractual
- Finance
- General Commercial
- Landlord & Tenant
- Partnership
- Professional Negligence
- Sale of Goods & Services
- Shareholders
For claims beyond £500,000 the mediation fee will be negotiated on the basis of an hourly rate of £200/hr. per party, plus reasonable out of pocket expenses.
3:
Each Party will pay its share of the Mediator Fee within 30 days of the issue of an invoice by the Mediator.
4: The solicitors to the Parties are liable for the payment of their respective client’s
share of the Mediator Fee.
5: If there is a settlement at the Mediation:
5.1: the Mediator Fee will be borne by the Parties as set out in clause 16.1; and
5.2: the Mediation Costs will be borne by the Parties in accordance with the terms as to those costs agreed between the Parties and set out in the settlement agreement.
6: If there is no settlement at the Mediation, the Mediator Fee and the Mediation Costs of each of the Parties are to be treated as costs in the case in any litigation or arbitration in which the court or the arbitrator has power to assess, or make orders as to, costs.
7: If any Party cancels the Mediation, the following proportion of the Mediator Fee will be payable by each Party:
7.1: if the cancellation is made two or less working days before the date of the Mediation, the full Mediator Fee including any preparation time; or
7.2: if the cancellation is made three to five working days before the date of the Mediation, 50% of the Mediator Fee including any preparation time; or
7.3: if the cancellation is made six to ten working days before the date of the Mediation, 25% of the Mediator Fee with no preparation time;
in each case without prejudice to a Party’s right to recover such sums from any Party it may consider to be at fault for the cancellation.
7.4: disclosed to professional advisors, insurers and reinsurers, if strictly necessary and for bona fide reasons, and on the basis that the recipient is informed of the confidentiality of the information and agrees to maintain that confidentiality.
8: All Confidential Information will be treated as privileged, and shall not be admissible as evidence or be disclosable in any proceedings connected in any way with the subject matter of the Dispute, unless such documents or information would have been admissible or disclosable in any event or unless otherwise ordered by court of competent jurisdiction.
9: No formal record, transcript or mechanical, electrical or digital recording of the Mediation shall be made.
9: Each Party shall ensure that all those present at the Mediation on its behalf or at its invitation and any person in receipt of any Confidential Information from that Party agrees to be bound by clauses 12 to 14 of this agreement.