Open Forum

communities_1.jpg
Expand all | Collapse all

How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

  • 1.  How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Early Adopter
    Posted 15-03-2022 04:18 AM
      |   view attached
    How do mediators what is the appropriate fees to charge for their services as mediators? Thank you

    ------------------------------
    Peter Neil Slipper
    The Hon. Peter Slipper - Barrister-at-Law
    Buderim QLD
    61407283922
    ------------------------------


  • 2.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Posted 20-03-2022 10:57 AM
    Hi Peter, 
    I find your question interesting. As this was something I found myself contemplating. By way of background, I am an early career lawyer and new mediator. Law and Mediation are my second careers and I have a long history of working with children and families within Gov Social/Human Services, soft skills were key here. I undertook some market research and with that data priced my services according to my geographic area and what I felt was reasonable. Warm regards, Hannah Wordsworth

    ------------------------------
    Hannah Wordsworth
    Aspiring Mediator
    Nil
    Rosewood QLD
    420363121
    ------------------------------



  • 3.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    I'mLinkedIn
    Posted 21-03-2022 08:26 AM
    Many mediators have a set scale. Others charge on an hourly or daily basis. I am a reasonable novice at this but have an extensive involvement in business consulting and economics. I believe in quickly assessing the following:
    • Means to pay 
    • Difficulty
    • An appreciation of what they are paying for (i.e. charge enough to make client appreciate it is not a simple bit of fun or something they have to do on the cheap so as to minimally satisfy obligations)
    • Status of the parties
    I will start at $330.00 per hour plus rent for venue, normally 50/50 but will accept on party offering to pay for both etc.
    any other thoughts?




    ------------------------------
    Anthony Photiadis]
    Solicitor
    N/A
    Chapel Hill QLD
    733787161Anthony
    ------------------------------



  • 4.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Early Adopter
    Posted 21-03-2022 10:11 AM

    Thanks Anthony,
    That's very helpful! 
    Regards,
    Peter



    ------------------------------
    Peter Neil Slipper
    The Hon. Peter Slipper - Barrister-at-Law
    Buderim QLD
    61407283922
    ------------------------------



  • 5.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    I'mLinkedIn
    Posted 21-03-2022 11:13 AM
    Hello Peter, from what I have researched, it depends on what and where you are mediating. A selling pitch from the Australian Family Relationships Studies is the comparison between a Family Dispute Resolution Practitioner and a Barrister. Barristers charge approximately $10K per day and FDRP's charge approximately $2K per day. I worked this out on an hourly basis which comes to $250 per hour per party member. Of course, I have also researched mediation for non FDR and mediators often charge significantly more for companies than for individuals. So my suggestion is to find what you peers and competitors are charging and make it simple for yourself.

    ------------------------------
    Marcy Doyle
    Principle Practitioner
    Affinity Mediation
    Waurn Ponds VIC
    400030348
    ------------------------------



  • 6.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Early Adopter
    Posted 21-03-2022 12:27 PM
    Thanks Marcy for your reply which is much appreciated.
    With kind regards,
    Peter Slipper

    ------------------------------
    Peter Neil Slipper
    The Hon. Peter Slipper - Barrister-at-Law
    Buderim QLD
    61407283922
    ------------------------------



  • 7.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    I'mLinkedIn
    Posted 21-03-2022 11:03 AM
    Hi Anthony, is that $330 per hour for each party?

    ------------------------------
    Marcy Doyle
    Principle Practitioner
    Affinity Mediation
    Waurn Ponds VIC
    400030348
    ------------------------------



  • 8.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Early Adopter
    Posted 21-03-2022 09:41 AM
    It is sometimes difficult to decide whether to price lower than market or not for new mediators. The best thing is to check with other mediators in your field/geographical area and pick something within that range.

    ------------------------------
    Donna Ross
    International ADR Practitioner
    Donna Ross Dispute Resolution
    Melbourne VIC
    0412 060 854
    ------------------------------



  • 9.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Early Adopter
    Posted 21-03-2022 10:10 AM
    Thanks Donna! Much appreciated. How do mediators advertise? Do they get work from the Resolution Institute website?
    Regards,
    Peter

    ------------------------------
    Peter Neil Slipper
    The Hon. Peter Slipper - Barrister-at-Law
    Buderim QLD
    61407283922
    ------------------------------



  • 10.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Early Adopter
    Posted 21-03-2022 10:32 AM
    Thanks Hannah!
    Much appreciated!

    ------------------------------
    Peter Neil Slipper
    The Hon. Peter Slipper - Barrister-at-Law
    Buderim QLD
    61407283922
    ------------------------------



  • 11.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Posted 23-03-2022 05:32 PM
    For engagements or selection by disputing parties just be apparent and available.

    In relation to fees, some parties and their advisers think that it is merely a function of time for the mediation process to be traversed or an agreement to be reached.

    On almost all occasions, the timing is secondary as it is all about the willingness and the ability of the parties to enter into and participate in a mediation process.

    With this in mind, I charge by the day and require upfront payment. If parties abandon the process or settle earlier than they may expect, then often it is cheaper than a determinative forum or doing nothing at all.

    If, part way through a day it is apparent that more days are needed, the process is paused to enable that administrative aspect to be settled. Similarly, if the parties prefer not to use me because the fees and their apportionment are not to their liking, they can use someone else as it is all about party choice and attempting to reach agreement.

    If parties agree that a mediator is too expensive then that is a step in the right direction as at least they have identified a common goal.

    ------------------------------
    Lyndon White
    ADR Practitioner
    408937632
    ------------------------------



  • 12.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Early Adopter
    Posted 23-03-2022 05:57 PM
    Thanks Lyndon for your response. It is much appreciated.

    ------------------------------
    Peter Neil Slipper
    The Hon. Peter Slipper - Mediator/Barrister-at-Law
    Buderim QLD
    61407283922
    ------------------------------



  • 13.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Posted 24-03-2022 07:38 AM
    I charge a flat fee to the end of the mediation conference. That might be to 11 pm. in some mediations.  I don't ever do multi day mediations anymore, they have fallen out of favour, with me anyway. But I am occassionally  engaged as what I call a "rolling mediator" in multiparty disputes. In that type of arrangement  I stay mediator after the mediation conference and up to the door of the court.  I often find that is when I am most useful in brining multu defendants together to make an offer a plaintiff can accept. 

    Unless the matter is small (under $1m) I ordinarily charge around 1.3 times what was my daily barrister fee. It always works out less to me than my hourly rate as a barrister but administratively it is straight forward and parties much prefer a lump sum arrangement. The area I work in always has a lot of expert reports I have to read before the mediation.

    I don't ask for money up front. For barristers we are not allowed to paid before work is done, so it has to be by a trust account with RI or my clerk. As I've never had trouble being paid eventually (in 20 years of mediating) I simply don't bother. Only once I had to advise the parties I would write to the judge in which the liitgation was running if one fee remained outstanding. That was after 3 months.

    ------------------------------
    Toby (Benjamin Andrew) Shnookal
    Barrister, Arbitrator, Adjudicator, Expert Determiner, Adjudicator
    Lennon's List Barristers' Chambers
    Melbourne VIC
    412582380
    ------------------------------



  • 14.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Early Adopter
    Posted 24-03-2022 10:15 AM
    Thanks Tony,
    I really appreciate your excellent advice.
    Regards,
    Peter

    ------------------------------
    The Hon Peter Slipper
    Barrister-at-Law/Accredited Mediator
    Brisbane/Hobart/Sunshine Coast
    +61407283922;
    slipperbarrister@gmail.com
    ------------------------------



  • 15.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Posted 25-03-2022 08:40 AM
    I run a dedicated mediation practice conducting mediations of commercial disputes. I charge a fixed fee. The fee for a half-day mediation is around 60% of the full day fee (essentially my encouragement to the lawyers to book in a full day). Being a fixed fee, it includes all of the preparation and reading of materials (which varies from 1-4 hours) and the time I spend on a pre-mediation conference (if required). The lawyers I deal with prefer the certainty of knowing what the fee will be and that there are no added extras.

    I am negotiable on the fee if the parties are not your usual corporate litigants.

    Whilst I reserve the right to charge an hourly fee after 5 PM on a full day, it is unusual for me to do so.

    Hope this assists.

    Warm Regards

     

    Rob Goldstein

    Nationally Accredited Mediator

    Accredited Specialist Mediator

    Doyles List Leading Mediator 2018,2020 and 2021.

    www.robgoldsteinmediation.com.au

     

     




    ------------------------------
    Robert Goldstein
    Australian Medical Trading trading as Rob Goldstein Mediation
    McKINNON VIC
    0423 384 823
    ------------------------------



  • 16.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Early Adopter
    Posted 25-03-2022 09:58 AM
    Thanks Rob for those very considered and helpful thoughts.
    Much appreciated.
    regards,
    Peter

    ------------------------------
    The Hon Peter Slipper
    Barrister-at-Law/Accredited Mediator
    Brisbane/Hobart/Sunshine Coast
    +61407283922;
    slipperbarrister@gmail.com
    ------------------------------



  • 17.  RE: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you

    Posted 25-03-2022 07:10 AM
    I'm FDRP and charge each party $180 to initiate the process and cover the intakes, either face to face or zoom. The parties share the cost of the actual mediation which is $1200. Usually half a day for parenting matters and also includes email and phone contact before and often after in some cases if the mutually decide on amendments to their agreement. If the mediation doesn't go ahead there is no further charge from intake and I'll issue the s60i accordingly.

    ------------------------------
    Danielle Searle
    Principal
    Gold Coast Mediation & Resolution
    Burleigh Heads QLD
    0416263972
    416263972
    ------------------------------