Mediation Protocol
Mediation Agreement
MEDIATION AGREEMENT
1. My mediation agreement refers to the role of the parties and the mediator which includes obligations of confidentiality.
2. I do not conduct mediations unless all parties are legally represented, or the parties are themselves practising or retired judicial officers, solicitors or barristers.
THE ROLE OF THE PARTIES IN ANY DISPUTE AND THE MEDIATOR
3. It is not the role of the mediator to determine the dispute or make any decisions for the parties. It is important that the parties to the dispute and their legal advisors 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.
AUTHORISATION
4. It is essential that each party have in attendance at the mediation a person who can provide instructions and is properly authorised to make offers and settle the matter. In relation to NSW court-ordered mediations, your attention is drawn to rule 20.6 of the Uniform Civil Procedure Rules. Other jurisdictions have similar rules.
5. Settlement documentation: Please ensure you bring copies of consent judgements 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.
VENUE
6. The parties should agree upon and arrange a mutually convenient venue at the parties’ cost (if the mediation is not being conducted by teleconference).
PRELIMINARY CONFERENCE
7. In preparation for the mediation, I will be 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.
POSITION PAPERS
8. 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.
AGREED BUNDLE OF DOCUMENTS
9. 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 an issue in dispute. The agreed bundle should be emailed to dhiggs@12thfloor.com.au or a hard copy delivered to me at Level 12 180 Phillips St, Sydney.
INVOICES
10. I will invoice each party care of their solicitors. Please inform me if any party is not contributing equally to the fees, and I will amend the mediation agreement accordingly.
11. Unless otherwise agreed, my daily fee for all-day mediations is $8,000 plus GST for all or any part of one day.
12. Unless otherwise agreed, my fee for considering position papers and the agreed bundle of documents prepared by the parties is $800 per hour (calculated by reference to minimum 15-minute intervals) plus GST. This is in addition to the applicable daily fee for the mediation.
13. 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 before from the parties.
14. In relation to matters agreed for half-day mediations (whether morning, or afternoon), unless otherwise agreed my half-daily rate is $5,500 plus GST. The hourly rate for preparation remains at $800 plus GST.
15. Cancellations: I will not charge any cancellation fee if I am notified by email of a cancellation more than 5 business days prior to the booked mediation. If notified within 5 working days, 75% of the applicable rate will be charged, unless I secure another booking for that day.
16. A day mediations is from 9/10am until 5pm and, if necessary, will proceed all day. Morning mediations are for 4 hours (maximum) and can commence as early as 8.30am and must finish by 1pm. Afternoon meditations are for a maximum of 4 hours and can commence as early as 1.30 pm but must finish by 5.30pm. If the mediation exceeds these timeframes, if available, an extra fee will be charged at a rate of $800 plus GST for every extra hour (or part thereof).