Fees & Facilities
Fees for a mediation
Chris Makin is transparent about fees. He uses the scale published by the National Mediation Helpline ("NMH"), which since 1 April 2009 has been:
| Value of dispute | Fee per party° |
|---|---|
| Up to £5,000 – Small Claim 1 hour* | No charge for preparation; £50 for a mediation of up to 1 hour |
| Up to £5,000 – Small Claim 2 hours* | No charge for preparation; £100 for a mediation of up to 2 hours; excess hours at £50 per hour or part |
| *Before adopting the 1-hour or 2-hour rates, it is necessary for both sides to agree in advance with Chris Makin whether it is possible to deal with the matter in such a short time | |
| £5,000 to £15,000 – Fast Track | No charge for preparation; £300 for a mediation of up to 3 hours; excess hours at £100 per hour or part |
| £15,000 to £50,000 – Multi Track | No charge for preparation; £425 for a mediation up to 4 hours; excess hours at £107 per hour or part |
| £50,000 to £100,000† | No charge for preparation; £525 for a mediation up to 5 hours; excess hours at £140 per hour or part |
| †The NMH scale applies to claims worth up to £50,000 only; this scale is extended, for your guidance, to cover claims of £50,000 to £100,000 | |
| °For NMH cases with a value of £5,000 or more, a levy of £90 per case is charged by the Provider, and is included in the above fees. | |
| °The above scale applies for two-party mediations. Where there are more than two parties, each of the several parties pays the amount shown, less 15%. | |
| Over £100,000 | As agreed with the mediator |
Fees for mediations lasting more than a day are as agreed with the mediator.
The above fees are based on single claimant & defendant disputes. If there is more than one claimant or defendant then, as advised by the NMH, the length of the mediation session may need to be increased, and the next fee tariff applied. Chris Makin will discuss this with you if you wish, when the mediation is being arranged.
Fees for mediations where the dispute is of no identifiable value are by negotiation.
All charges are plus VAT, and plus significant expenses such as travelling or overnight accommodation. Chris Makin reserves the right to make a charge for preparation time where the documents to be studied are substantial, typically more than say one lever arch file two inches thick from all parties together, or where, for example with a partnership dissolution dispute, or a case with several heads of claim bearing their own litigation risk, it is helpful for him to prepare an interactive spreadsheet in advance.
Without exception, fees are to be paid equally by each party; and the basic fee + VAT and estimated disbursements must always be paid before the mediation commences.
Cancellations
The following scale of cancellation charges applies, + VAT:
| Time when mediation cancelled | Amount payable by each party |
|---|---|
| Within 2 working days of time and date fixed | Their share of full fee |
| Between 2 and 5 working days of time and date fixed | £50 or 50% of full fee, whichever is greater |
| After date is agreed but more than 5 working days before that agreed date | £50 |
Facilities
A mediation requires a room large enough for everyone to sit around the table together for the joint meetings, and then separate rooms for each party and their advisers, which are reasonably close together but soundproof one from another.
Site visits are seldom needed, but in the case of a recent dispute over an executive house which was completed but not sold, everyone found it helpful to hold the mediation at that empty house, using garden furniture brought in for the purpose!
One party's premises or their solicitor's offices may be used, provided there is no suggestion that the other party may feel at any kind of disadvantage.
Chris Makin can provide rooms, at modest cost, at his offices in Gray's Inn Square, London.
Rooms may be hired in local hotels, or in serviced offices such as those offered by Regus.
An excellent venue in the North of England, just off junction 46 of the M1, is the Yorkshire Dispute Resolution Centre – www.yorkshiredisputeresolutioncentre.co.uk.
It is the responsibility of the parties to find the rooms and to meet their cost, but Chris Makin is willing to help find suitable premises in any part of the UK.