LADR is entirely flexible on costs.
The Clerks and the Chambers Administrator are fully conversant with the needs of our
professional as well as our lay clients and will discuss the needs and constraints of
each case individually.
However, purely as a guideline, the cost of the mediation will
be governed either by the amount of time estimated for the
actual mediation together with reading or preparation time, or
alternatively by the value of the claim, whether in purely
monetary terms, or in terms of importance to the parties.
In terms of time, the parties should take as a guideline the sum of
£1,000 (that is, £500 payable by each of two parties) for an
average mediation taking one full day, consisting of 8 hours of
mediation and not more than 4 hours of reading/preparation.
Insofar as value is concerned, a sliding scale of charges for
mediation, including preparation time, which might apply in some
cases, is set out below.
| Value of Claim |
Fees |
| £5,000 or less |
£250 (2 hours) |
| £5,000 to £15,000 |
£500 (3 hours) |
| Up to £15,000 |
£750 (1 day) |
| £15,000 to £100,000 |
£1,500 (1 day) |
| £100,000 to £500,000 |
£2,000 (1 day) |
| £500,000 to £2m |
£3,000 (1 day) |
| Above £2m |
Negotiable |
There are some occasions when a case has no clear monetary
value but is none the less important to the parties. In such
cases a fee will be agreed according to the complexity of the
dispute.
Is Legal Aid Available For Mediation?
All LADR mediators are entitled to have their reasonable fees paid
for as a disbursement under Legal Help funding.
The following is an extract from the Legal Services Funding Code
Manual Funding Code Guidance R11:December 2003 ADR 84:-
7.7 Supporting Non-Family Mediation
The Commission supports the wider use of mediation to resolve disputes.
Non-family mediation may be funded as a disbursement under Legal Help, Legal
Representation or Support Funding.
No prior authority is necessary to mediate a non-family dispute but, like all
other fees, the cost of mediating must be reasonable in all the
circumstances.
Therefore mediation should only be funded where it appears to be the
most cost-effective way of proceeding and where the fees of the
mediator are reasonable in all the circumstances. The Commission
will give further guidance as to remuneration for mediators in
due course but, as a general starting point, non-family
mediators will need to justify any rates in excess of prescribed
basic remuneration rates for lawyers providing county court
advocacy under certificates for Legal Representation.
It is also important that only properly trained mediators are
funded under the CLS. There are at present no national agreed quality standards
for non-family mediation, although a new standard within the
Quality Mark is due to be introduced for Community Mediators
during 2001. Pending further developments, mediators trained or
accredited by any of the following bodies will for the time
being be regarded as suitably qualified and capable of being
funded under certificates:
(a) CEDR (Centre for Dispute Resolution);
(b) ADR Group;
(c) Mediation UK;
(d) The Academy of Experts;
(e) The School of Psychotherapy and Counselling Regent’s College (SPC)
Mediators trained by other bodies may still qualify for funding but will
need to satisfy the Commission that they have appropriate
training and expertise.
For a full copy of the Legal Services Funding Code Manual, see:
http://www.legalservices.gov.uk/docs/stat_and_guidance/funding_code_guidance_r11.pdf
top