TERMS OF ENGAGEMENT

1. Mediation Fees.
I firmly believe that wherever possible mediation should be available to those who are committed to working through their disputes out of Court. Please contact me for information about my fees for non-commercial mediation.

2. Commercial Mediation Fees.
For commercial disputes my fees to $1,500 + GST for half a day or $2,800 + GST for a full day (7 hours) plus venue hire and catering. My hourly rate is $400 + GST for preliminary meetings and any reading or other tasks required as part of the mediation process outside of the joint session time.

3. Payment.
All mediation fees must be paid either, beforehand and confirmed as being in escrow with a lawyer’s trust account, or with a lawyers undertaking, or within 24 hours of the mediation session and the method will be agreed in writing between the parties and the mediator before the mediation process begins. If the agreed payment method is not adhered to the mediation will either be rescheduled, or the party will be given a 7-day notice to pay, and failing payment the invoice will be forwarded to a debt collection agency. If this does not occur then the mediation will be rescheduled unless other agreed arrangements are made prior to the scheduled mediation date in writing. Any other costs incurred (should the mediation go over time for example) then a final invoice will be issued within 24 hours of the conclusion of the mediation and that invoice is to be paid within 2 working days.

Should any mediation be required to be rescheduled more than once by the same party, then this party will be charged a $100 + GST fee for every subsequent late payment or reschedule request payable at least 2 days before the mediation date. After the second missed payment or reschedule request by the same party, the mediation process may be stopped by the mediator.

4. Rescheduling due to an emergency.
If less than 24 hours’ notice is given by the party to the mediator, due to an emergency, then the service will be rescheduled and any costs incurred by the mediator that are not able to be returned (e.g. for room hire) will be on-charged to the party.

5. Rescheduling.
If less than 24 hours’ notice is given by the party to the mediator for wanting to reschedule a meeting then any costs incurred by the mediator, that are not able to be refunded to the mediator, will be on-charged to the party, including travel time, if the mediator was en-route to the mediation (at a rate of $300 per hour (plus GST), pro-rata’d in half hour blocks). This includes any scheduled meeting the party does not attend. If the mediator requires a rescheduling of the meeting due to an emergency then any room hire costs for last minute cancellations will be borne by the mediator.

6. Cancellation.
If more than 24 hours’ notice of a meeting cancellation is made, the meeting will be cancelled at no cost. If less than 24 hours’ notice is given, then any costs that have been incurred by the mediator will be charged to the party who cancelled at the rate of $400 + GST per hour.

7. Client stopping a mediation process.
If more than 24 hours’ notice of a mediation process being stopped is made, then the party stopping the process will be charged (or not have refunded) $400.00 + GST. This is to cover the costs incurred in advising all parties and closing the file. If less than 24 hours’ notice is given, then the client stopping the process will be charged for any additional time and costs the mediator has incurred. Time will be charged at $400 per hour and costs will be on-charged at cost, with a minimum fee of $400 plus GST.

8. GST
All prices included in my standard Terms of Engagement are exclusive of GST unless stated otherwise.

9. Insurance.
Mediator Professional Indemnity insurance is held by Rosemarie Brown.

10. Variation to my standard Terms of Engagement.
Please discuss any aspects of these standard Terms of Engagement with me if you would like to vary them.

11. Confirmation and Acceptance of my Terms of Engagement.
Please confirm your acceptance of my standard Terms of Engagement by written communication.