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Fees and Expenses

Our fee guidelines are set out below. Fees should always be discussed with the mediator directly and agreed with all parties and the mediator in advance of the mediation. They will be recorded in a mediation agreement. Ensure you understand if the fee is per party or in total.

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Straightforward cases

Many of the cases in which our civil/commercial  mediators are involved arise from disputes which might otherwise have to be resolved through the litigation process.

In order to give you an idea of how much a mediation might cost the typical fees for a straightforward mediation involving just two parties might be as follows 

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  • a basic fee of £750 plus VAT per party for a 4-hour mediation; and

  • a basic fee of £1,250 plus VAT for a full day 7-hour mediation.

 

For a mediation within the South West, this will include fees for travel time and expenses but not venue hire. The fees will also include the cost of any time spent in preparation and initial meetings. Any time required over and above the basic period will incur a charge of around £110 plus VAT for each hour or part of an hour.

 

Some mediators may be willing to discount their fees for lower value disputes, or where parties are charities or not-for-profit organisations. Some members do not need to charge VAT.

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Complex cases

These can involve substantial sums of money, many different parties, conflicts of expert evidence or substantial volumes of documents. They may involve issues other than just money or compensation, such as boundaries, rights of way, intellectual property rights, or any other rights, duties, claims, disputes and conflicts. In most of these cases, particularly those in which the courts have become involved,  the fees will need to be agreed with the mediator but we will generally be able to give an indication once we know the details.

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Travel and accommodation costs 

If the mediator incurs expenses which are not otherwise included (e.g. accommodation costs), these will be charged at cost. 

 

Venue 
Generally speaking the parties will be expected to source a venue which will provide a room for each party and their advisers and supporters together with a neutral room which is large enough to hold a joint meeting. These rooms may be at the offices of one of the solicitors or barristers involved. Otherwise parties can look to source rooms at local hotels or business centres. Occasionally, property-related mediations can also be held "on site". The parties will agree how they wish to split the costs of the venue and any refreshments which will be separate from the mediator's fee. 

Multiple Parties 
The above fees are based on a two-party mediation. If there are more than two parties, the length of the mediation session may need to be increased, and the fee increased. The ASWM or the mediator will discuss this matter with you when organising the mediation.


Time for Payment
(a) The Mediator's  fee must be paid before commencement of mediation. If you require an invoice in order to make that payment please ask the mediator in good time.
(b) The Mediator's fees for any additional time and any expenses will be invoiced after the mediation is completed and are payable within 14 days of the Mediator's invoice. The Mediator is entitled to require the provision of suitable undertakings or other security in relation to fees and expenses.​

 

Civil Mediation Council ("CMC") Fixed Fee Scheme

In suitable cases, some of our panel mediators and less experienced mediators working towards panel membership may be willing to undertake straightforward cases on  the CMC Fixed Fee Scheme details of which are set out below. Bear in mind, however, that if the negotiation between the parties has completely broken down it is unlikely that much progress will be made in a very short mediation. We don't offer a choice of mediators for the Fixed Fee Scheme but if you specifically enquire about the Scheme we will put you in direct contact with a mediator who may be willing to take it on.

Amount in dispute

£0 to £5,000*

£75+ VAT 

£125 + VAT

1 hour

Up to 2 hours

£5,000 to £15,000**

£320 + VAT

Up to 3 hours

£15,000 - £50,000 ***

£445 + VAT 

Up to 4 hours

Extra hours £100 + VAT

Extra hours £100 + VAT

Extra hours £100 + VAT

Fees (per party) 

Length of session

Extra hours (per party)

* For cases where a telephone/video mediation is appropriate and both parties agree. The one-hour rate option is available to facilitate settlement remotely, if appropriate, and if the parties agree.

** Often carried out remotely, but the mediator may meet with the parties in suitable cases. 
*** If the claim is simply about money and nothing else. 

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Grant Funding Available

The Association is pleased to announce that grants are now available to subsidise the cost of some mediations in which the value of the dispute is relatively modest.  If you would like to find out whether you are eligible for this subsidy, please contact the registrar at enquiries@aswm.org.uk when giving full details of your enquiry. 

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Small Claims Mediation Service

If your dispute is for a sum of less than £10,000 you may be able to access what is referred to as the "the county courts in-house small claims mediation service", which is free. However, in order to do so you must issue proceedings, for which there is a fee, unless you are approved to be 'court fees exempt' by the courts. ~This is not mediation in the commonly accepted sense of that terms but is a pragmatic attempt to resolve the dispute at an early stage if both parties are willing to participate. The court-appointed facilitator will spend a host amount of time helping the parties to try and find a solution but will not generally have access to the court papers and will not have time to use other mediation techniques.

 

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Workplace Mediation Cases

In all cases, please discuss fees and expenses in these cases with the Mediator directly. Fees will typically cover the cost of the commissioning process with the employing organsiation, the cost of holding initial meetings with each participant and a four hour mediation. Where it is uncertain that the participants will proceed to mediation following their initial meetings these costs can be charged on a stage-by-stage basis.

Association of South West Mediators
Email:
enquiries@aswm.org.uk
Telephone: 01823 445 566

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ASWM is a member of the Civil Mediation Council and is registered as a provider of Civil and Commercial mediation as well as Workplace mediation

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