Sample Mediation Fee Schedule
Mediation Fee Schedule
1. Mediator’s Objective
It is our objective to provide mediated dispute resolution services at a reasonable cost to the parties in, or about to become involved in, litigation. In most cases, the Schedule of Fees below accurately sets forth our fee for mediation services. If, however, the scheduled mediation Fee is determined to be inappropriate in a particular case, or unaffordable by a particular party, we will consider adjusting the fee or making alternative arrangements.
2. Services Provided
The scheduled Mediation Fee covers the cost of one mediation session day, usually in our offices, and includes scheduling and administration of the mediation, usually a working lunch at noon, and limited telephone conferences with the attorneys before and, if necessary, after the mediation sessions.
3. Daily Flat Fee Schedule of Mediation Fees Per Party
Amount in controversy Number of Parties 2 3 4 5* Less than $ - 100,000 $ 850.00 $ 700.00 $ 600.00 $500.00 $ 100,000 - 499,999 $ 950.00 $ 800.00 $ 700.00 $600.00 $ 500,000 - 999,999 $1,000.00 $ 900.00 $ 800.00 $700.00 $1,000,000 - 2,499,999 $1,250.00 $1,100.00 $ 950.00 $800.00 $2,500,000 + $1,500.00 $1,300.00 $1,100.00 $900.00
The daily fee includes:
∙ Scheduling and administering the session(s) ∙ Any pre-mediation attorney conferences, whether by telephone or in person ∙ Preparation for the mediation ∙ Conducting the mediation session(s) ∙ Conducting post-sessions telephone facilitation as needed ∙ All expenses incurred by the mediator, including long-distance telephone copying, FAX, postage, etc.
*Fees for mediations exceeding five parties will be negotiated individually.
4. Hourly Mediation Fee Schedule
Conference Time: $185.00 per hour ($250.00 for 3 or more parties) Review Time: $150.00 per hour ($180.00 for 3 or more parties) Travel Time: $ 50.00 per hour ($0.00 within ____________) Administrative Fee: $150.00 per party
5. Weekend/Holiday Sessions.
If it is necessary to schedule a mediation session on a weekend day, due to scheduling conflicts or an imminent trial setting, there will be an additional charge of $_____ to cover off-hours air conditioning and staff expenses, to be divided equally among the parties.
6. Apportionment of Fee
The total Mediation Fee usually will be shared equally by all participating parties.
7. Time & Duration of Sessions
The mediation sessions typically commence at 9;30 a.m. and continues until completed. If we determine that a case appears likely to be fully settled with only a half day of mediation , and involved only two parties, less than $50,000 in controversy, and a single issue, then the mediation session instead may commence at 1:30 p.m. (and the fee adjusted accordingly). While most sessions conclude before 6:00 p.m., we will be committed to work on the case throughout the evening, if necessary.
8. Exceptions to Fee Schedule
The usual fee for mediations scheduled for one-half day will be based on the hourly fee schedule. Except under extraordinary circumstances, regardless of the number of parties or amount in controversy, the maximum Daily Mediation Session Fee would be $______ per day plus out-of-pocket expenses, to be apportioned equally among the parties participating in the Mediation Fee. In some complex, multi-party disputes, which are anticipated to require multiple mediation sessions, with substantial preparation and between-session work, we may also find that the Mediation Fee is more appropriately determined on an hourly basis.
9. Additional Sessions
A small number of complex, multi-party cases require more than one mediation session. If needed, subsequent sessions are usually scheduled by mutual consent at the completion of the mediation day. If more than one successive mediation day is required, then the full fee for all scheduled sessions is due and earned upon the commencement of the first day of mediation.
10. Rescheduling
There will be no fee for rescheduling of a mediation session.
11. Early Settlement
If a case settles after a mediation session has been scheduled, but before such session has occurred, then a case administration fee of $______ shall be due from each party and either shall be retained from the parties’ previously-tendered fees or delivered to our offices by the parties attorneys within ten (10) days after settlement.
12. Form of Payment
All parties’ fee payments shall be in the form of cash, cashier’s check, or check drawn on the bank account of (or payment guaranteed by) a law firm and made payable to _______________________. The Tax ID Number is _________________________.
13. Payment Due Date
It is requested that when a flat fee basis is utilized for the determination of the Mediation Fee, the full amount of the Mediation Fee is due in our offices not later than the commencement of such mediation session. If an hourly basis is utilized, the full amount of the Mediation Fee is due in our offices within ten (10) days after notification of the amount of the fee. 14. Responsibility of Attorneys
Each party’s attorney shall be responsible for timely delivery of payment of such party’s fees as specified herein.
© 1996 The Mediation Center, Inc.
