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.
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Toby (Benjamin Andrew) Shnookal
Barrister, Arbitrator, Adjudicator, Expert Determiner, Adjudicator
Lennon's List Barristers' Chambers
Melbourne VIC
412582380
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Original Message:
Sent: 23-03-2022 05:31 PM
From: Lyndon White
Subject: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you
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.
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Lyndon White
ADR Practitioner
408937632
Original Message:
Sent: 21-03-2022 10:31 AM
From: Peter Neil Slipper
Subject: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you
Thanks Hannah!
Much appreciated!
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Peter Neil Slipper
The Hon. Peter Slipper - Barrister-at-Law
Buderim QLD
61407283922
Original Message:
Sent: 20-03-2022 10:56 AM
From: Hannah Wordsworth
Subject: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you
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
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Hannah Wordsworth
Aspiring Mediator
Nil
Rosewood QLD
420363121
Original Message:
Sent: 15-03-2022 04:17 AM
From: Peter Neil Slipper
Subject: How do mediators determine what are the appropriate fees to charge for acting as a mediator? Thank you
How do mediators what is the appropriate fees to charge for their services as mediators? Thank you
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Peter Neil Slipper
The Hon. Peter Slipper - Barrister-at-Law
Buderim QLD
61407283922
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