These terms and conditions must be read in conjuction with the Mediation Agreement sent to the parties and are incorporated into the Agreement. If there is any conflict between these terms and conditions and the Mediation Agreement the latter shall prevail.
Liability for the mediation fees
- Unless the parties agree otherwise, they will pay in equal shares the mediation fee and any other expenses.
- Responsibility for the fee and expenses rests with the solicitors where instructed, or with the individual party if unrepresented.
- The amount in dispute will be calculated as the value of the claim and any counterclaim including interest and costs. The fee will be set accordingly. If during a mediation, it becomes apparent that the amount in dispute is higher than the amount notified, I reserve the right to invoice the parties for any additional mediation fees payable.
The following charges are payable. If the mediation is:
- postponed but re-booked within 4 weeks only irrecoverable expenses such as venue cancellation fees or travel costs already incurred will be charged.
- cancelled more than 7 working days before it is due to take place, there will be no cancellation fee, except for any irrecoverable expenses (e.g. venue cancellation fees) and any preparation time already spent by me.
- cancelled less than 7 working days before it is due to take place, any irrecoverable expenses (e.g. venue cancellation fees) and 100% of the Deposit Invoice.
- Preparation time is charged at the hourly rate for additional time shown in the Mediation Agreement.
- In most mediation instructions, two invoices will be issued.
- Deposit Invoice - for the costs of the scheduled period or fixed fee and any venue costs.
- Balance Invoice - for any additional mediation time or venue fees if not previously invoiced.
- The Deposit Invoice is payable no later than 7 working days in advance of the mediation or in full upon receipt, if issued within 7 working days prior to mediation, as a precondition to the mediation taking place.
- Where a Deposit Invoice is not settled in full prior to the mediation we may allow the mediation to proceed subject to the instructing solicitor undertaking in writing to settle the full amount of the invoice, if still unpaid by the client, within 2 days of the date of the mediation.
- All other invoices (including the Balance invoice) are payable in full within 7 days of the date of issue, unless agreement is reached to the contrary.