Terms of Business

Mediation Resolution’s comprehensive ADR Service handles all elements of the Mediation, leaving the parties and their advisers free to focus on the substantive issues in the case and on negotiating settlement.

Mediation Resolution’s fees therefore cover:-

All preliminary advice and assistance.
Preparing a draft timetable for the parties to approve.
Assisting the parties in setting up the mediation.
If required advising upon the terms on the Mediation Agreement.
Providing the services of a CEDR Accredited Mediator (and Assistant Mediator if required)
The mediation day(s) itself (including the Mediator’s fees).

FEE SCHEDULE

Value of Claim Fee per party* per 8 hour day of mediation

Up to £20,000                                £375.00

£20,000 to £50,000                        £475.00

£50,000 to £100,000                      £575.00

£100,000 to £200,000                    £975.00

£200,000 to £500,000                    £1,175.00

£500,000 to £1,000,000                 £1,275.00

£1,000,000 to £2,500,000              £1,500.00

£2,500,000 to £5,000,000              £2,000.00

£5,000,000 to £10,000,000            £4,000.00

£10,000.000 plus £s                      negotiable

No assessed value £s                   negotiable

* Fees for multi-party disputes are calculated on a 2 party basis plus 15% for each additional party

If the duration of the mediation exceeds eight hours in any one day, the additional fees payable by each party for each additional hour or part thereof will be calculated at an hourly rate equivalent to one tenth of the aggregated daily rate divided by the number of parties to the mediation.

Mediator’s Preparation Time

Charged as set out below. It is essential that the agreed mediation bundle (or any other documents) and the parties’ case summaries are delivered to Mediation Resolution in accordance with the mediation timetable set for each case, so as to give the Mediator sufficient time to prepare. We reserve the right to charge preparation time at higher rates where papers are delivered late and also to charge for any courier or other administrative charges incurred by us as a result of the late delivery of papers.

Expenses

Related expenses such as room hire, the Mediator’s travel expenses, etc, are not included in the above rates, and are charged for at cost if paid for by the Mediator and/or Mediation Resolution.

VAT

Mediation Resolution is not registered for Vat and hence such is not payable.

Claim Value

The value of the claim will be determined by either by that of the claim or the counterclaim, whichever is the greater. When a claim falls into two fee bands, the higher fee will apply.

 

 

Exceptional Administrative Back-Up

Occasionally there may be an additional fee (which you will be informed of before it is incurred) if exceptional back-up administration is required. Otherwise, all administrative back-up is included in the above fees.

Preparation Time

Each party will be charged for preparation time spent by the Mediator at an hourly rate which will be one tenth of the aggregated daily rate divided by the number of parties to the mediation.

The preparation time will not, without the consent of the parties, exceed:-

• 6 hours for claims involving two parties; or
• 12 hours for claims involving three parties or more.

Payment

As pre-condition to the Mediator conducting it, the fees payable for the Mediation Day(s) must be paid by each party no less than two weeks beforehand. Two invoices will be issued.

• The First invoice will cover:-

The fees for the number booked of mediation days of eight hours duration (see above for rates);

• Second invoice will cover:-

All pre-mediation preparation time, expenses not included in the first invoice (e.g. travel, accommodation, etc.) and any additional fees payable as a consequence of the Mediation day (or any booked additional Mediation days) lasting more than eight hours.

Cancellation

Notice of cancellation must be given in writing to Mediation Resolution. If received:-

1. More than 14 days before the mediation was due to take place, Mediation Resolution will only be entitled to be paid for any irrecoverable expenses incurred by it and/or the Mediator.

2. Less than 14 days but more than 7 days before the mediation was due to take place, Mediation Resolution will be entitled to:-

25% of the mediation fees; and

All of the Mediator’s preparation time incurred; and

All expenses incurred by Mediation Resolution and/or the Mediator.

3. Less than 7 days but more than 24 hours before the mediation was due to take place, Mediation Resolution will be entitled to:-

50% of the mediation fees; and

All of the Mediator’s preparation time incurred; and

All expenses incurred by Mediation Resolution and/or the Mediator.

4. Less than 24 hours before the mediation was due to take place, Mediation Resolution will be entitled to:-

100% of the mediation fees; and

All of the Mediator’s preparation time incurred; and

All expenses incurred by Mediation Resolution and/or the Mediator

 

Effective as of and from March 2016
© Mediation Resolution 2016

 

"Kevin was 'brilliant'. He made me feel so comfortable and I hadn’t expected to. I felt very comfortable going into the mediation. He had spent a lot of time the week before working with me and talking about the issues... he brought gravitas and stopped the whole process from breaking down."

  • Mediation Services

    Mediation is one of a number of Alternative Dispute Resolution processes which is engaged in by parties to a dispute with the intent that such should be resolved without the need for either to be drawn into litigation or, if they have been already, be the subject of an adjudication at a trial

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  • Other Services

    Kevin Smyth shall be pleased to provide advice upon what other dispute resolution processes can be provided and which may be suitable. Similarly recommendations can be made as to where appropriate and competent legal advice can be readily obtained.

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  • About Mediation Resolution

    Kevin Smyth is a full-time Commercial Mediator having been trained and accredited as such by CEDR in 1997. He also acts as a Dispute Resolution Advisor.

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