Fixed Price Fees
Services We offer the following services which we have broadly distinguished between Fixed price and bespoke.
WHAT IS MEDIATION?
Mediation: An informal consensual process in which a neutral intermediary, the mediator, assists the parties in reaching a settlement of their dispute, based on the parties’ respective interests. The mediator cannot impose a decision. The settlement agreement has force of contract. Mediation leaves open available court or agreed arbitration options.
WHEN IS A FIXED PRICE OPTION AVAILABLE?
We think fixed price services can work for simpler disputes where the number of disputants is between 2-3. More complex disputes are likely to occur whether the amounts involved are above £500,000 and there are more than 3 disputants.
The premise is that because mediation is flexible and we do not have to be constrained by Court rules on admissibility of evidence, and rules on expert witnesses, given that the mediation procedure is voluntary, it can empower the disputants to find their own chosen solutions based on their risk acceptance, rather than delegating these to a court.
According to study “SME access to Alternative Dispute Resolution systems” by the. European Commission, 83% a significant majority of SMEs that had disputes were unaware of. alternative dispute resolution methods.
The cost savings and the risk of being subject to an adverse cost order is very much reduced, leading to the following empirically determined results.
WORLD BANK FINDINGS ON INTELLECTUAL PROPERTY DISPUTES
FIXED PRICE BANDS for 2 hour pre-mediation preparation and up to 4 hour mediation.
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)
WORLD BANK FINDINGS ON INTELLECTUAL PROPERTY DISPUTES
Costs: Arbitration v. Mediation v. Mixed Mode (ave) expressed as a % of value
World Bank Data
ACB Data
McIlwrath & Savage Civil Law (Ave)
McIlwrath & Savage Common Law (Ave).
McLaughlin & Alexander
Averages (unweighted)
Value of dispute
$200,000
$5,000,000
$10,000,000
$10,000,000
$20,000,000
N/A
Estimated global cost (Arbitration)
$34,500
$450,000
$556,500
$1,428,500
$3,027,000
N/A
Arbitration as a % of value
17.3%
9.0%
5.6%
14.3%
15.1%
12.2%
Estimated global cost (Mediation)
$9,488
$65,000
$150,000
$325,000
$266,000
N/A
Mediation as a % of value
4.7%
1.3%
1.5%
3.3%
1.3%
2.4%
Hypothetical combination of MED+ARB as an average
11.0%
5.2%
3.5%
8.8%
8.2%
7.3%
Theoretical % of savings using Mixed Modes (Conservative)
36.2%
42.8%
36.5%
38.6%
45.6%
40.1%
FIXED PRICE TYPES OF ENGAGEMENTS OFFERED
The Fixed fee band fall into the following category
EMPLOYMENT
Types of Disputes involve worker rights, evaluation disputes harassment, wrongful General discrimination.
ADMINISTRATIVE DISPUTES
Disputes between stakeholders regarding compliance with Scope 3 Environmental
Disputes between stakeholder and existing or new project developers in the areas of :
- Landfills, Project permitting, New traditional and alternative energy projects
- Implementation of International standards, including OECD Governance
- Effectiveness of international compliance of applicable rules including CSDDD
- Expropriation, and creeping expropriation
COMMERCIAL
Court Costs Disputes, Shareholder and contract disputes, Creditor and intra-creditor disputes. Disputes over applicable law in settlement agreements,
- Industry specialisation in Banking, Project Finance, ISDA MA
- Maritime contractual disputes,{inc. Marine Surveys) applicable law disputes, sanctions
- International Creeping Expropriation disputes, under World Bank (MIGA) or DFC type bilateral agreements
PROFESSIONAL NEGLIGENCE
Failure to meet Professional Standards for following categories of professionals:
- Medical (‘General Medical Council’)
- Architects, Builders, Surveyors
- Marine contractors, including Marine Surveyors
- Accountants, lawyers,
INTELLECTUAL PROPERTY
Intellectual Property Rights are created almost every second with many enterprises unaware of their creation. Disputes involve the protection and enforcement of Trademark, Copyright Domain Names, (including transfer of rights), and Patents in jurisdictions without having to resort to complex enforcement litigation in the jurisdiction of the alleged violation.
INSOLVENCY
Typical areas for disputes to arise include:
- Costs in the case issues;
- Intercreditor conduct
- Trustee conduct and compensation;
- Debtor rights
We Aim To Assist In Effective Dispute Resoltion By Ourselves Being Transparent, Qand Acting Indepenently Free Of Any Conflicts Of Interest. We Subscribe To Our Professional Bodies Regulatory Guidance On Theics And The Eu Guidelines On Regulating Mediator Conduct. We Will Never Mediate A Dispute I N Which We Have Advised One Of The Parties Legally.
BESPOKE SOLUTIONS
We Reserve The Right To Modify The Fixed Fee Offering Where The Complexitiies Of The Case Warrant A Tailored Solution
TRAINING
We can provide bespoke training to organisations which are interested in incorporating dispute resolution as part of their internal procedures.
We offer a strategic review of operations compliance with new sustainability requirements
in UK and EU.
CONFLICT RESOLUTION CONSULTING
We can provide bespoke Conflict Resolution Consulting to organisations which are Interested in the strategic advantages of resolution