1. MEDIATION AGREEMENT
I utilize the standard LEADR/Resolution Institute wording, which I will prepare and bring to the mediation for execution by all in attendance prior to mediation commencement.
A copy of the wording can be viewed here or at the bottom of the page. In addition, the National Mediator Practice Standards can be accessed at the website of the National Mediator Accreditation System (NMAS).
2. FEES AND TERMS OF APPOINTMENT
From 1 July 2023 the daily fee for all day mediations is $4,000 for any part or all of one day, irrespective of the number of parties.
The fee for considering position papers and the Agreed Bundle of Documents prepared by the parties is $400/hour (per minimum 6-minute intervals). This is in addition to the applicable daily fee for the mediation.
Both the daily fee rate and the hourly rate are exclusive of GST.
There are no extra charges for liaising with the parties beforehand, or for expenses such as accommodation, taxis, meals, long distance phone calls, faxes, copying or couriers. I will advise if air fares are to be charged and obtain consent beforehand from the parties.
In relation to matters agreed for half day mediation (whether morning, afternoon or evening) the daily rate applies unless I am able to secure another half day mediation on the same day, in which case the half day rate is $3000, and the hourly preparation rate remains $400. Both rates are exclusive of GST.
CANCELLATIONS: A cancellation fee will apply if I am notified:
1-2 days prior: 75% of the applicable rate, unless I secure another booking for that day.
3-14 days prior: 50% of the applicable rate, unless I secure another booking for that day.
15+ days’ notice: nil cancellation fee.
3. VENUE
The parties should agree and arrange a mutually convenient venue at the parties’ cost (If the mediation is not being conducted by teleconferencing).
4. PRELIMINARY CONFERENCE
In preparation for the mediation, I am happy to hold a preliminary conference if the parties so wish. Let me know if you would like a preliminary conference, otherwise we shall proceed by way of agreed timetable and communication by email.
5. MEDIATORS ROLE
All parties should be aware that it is not the role of the mediator to make a determination of the dispute or decisions for the parties. It is, therefore, very important that the disputants and their legal advisers come to the mediation fully equipped and prepared to negotiate on the issues and with the authority to sign an agreement should one be reached.
6. AUTHORIZATION
It is essential that each party have in attendance at the mediation a person who can provide instructions and is properly authorized to make offers and settle the matter. That person can be on the phone if they are located regionally, interstate or overseas, but please inform me well beforehand if this is the case.
7. POSITION PAPERS
Position papers should be as short and to the point as circumstances allow, referring to facts and case law relied upon where necessary. The document should be marked “Without prejudice and for the purpose of mediation only” or words to that effect and emailed to me and all the other parties.
8. AGREED BUNDLE OF DOCUMENTS
The parties should confer and as far as possible agree upon the relevant documents. As a general rule, they should only include substantive pleadings, expert reports which have been served or are intended to be relied upon and evidentiary documentation, but only if it is critical to an important point or issue in dispute.
The agreed bundle should be emailed to me at mmaxwell@adaevanschambers.com or a hard copy delivered to me at:
Suite 106/ level 1, 370 Pitt Street Sydney.
9. SETTLEMENT DOCUMENTATION
Please ensure you bring copies of Consent Judgement or Deeds of Settlement or Release Agreements to the mediation for completion of minor details, so that the terms of offers are clear in the event the matter settles.
9. INVOICES
Within one week after the mediation I will invoice each party c/- their solicitors. Please inform me if any party is not contributing equally to the fees and I will amend the mediation agreement accordingly.
