Fees

National Mediation Helpline fees

Please note that the National Mediation Helpline (NMH) to which DMC was a member for the last few years has now been closed by the government, Ministry of Justice and has been replaced by an on-line listing of accredited mediation providers.

The Dispute Mediation Consultancy is now listed by the Ministry of Justice on www.gov.uk as operating an  accredited mediation service in over 40 counties of England and Wales and so can be considered as truly providing a national mediation service.

Despite the closure of the National Mediation Helpline by the Ministry of Justice, the Dispute Mediation Consultancy will continue to provide a similar service via the new on-line searchable Civil Mediation Directory of accredited mediation providers. Our fees for this service are shown below.

This scheme is only available for simple disputes <£5,000 which are not covered by our specialist Commercial & Civil claim disputes. Once DMC have details of the dispute we will confirm if your dispute is eligible for this scheme.

Dispute Mediation Consultancy is a member of the National Mediation Providers Association and is fully accredited by the Civil Mediation Council

Free consultation service

An initial 1/2 hour appointment to discuss your dispute can be made either by phone or by attending any one of our local, centrally located offices; whatever is more convenient. At this session we would be able to offer advice and give guidance on possible action that you may take. We could also provide you with further documentation information that you may take to the other party in dispute. Please note that any time in excess of the 1/2 hour period would have to be charged pro-rata at our additional hourly rate as set by the National Mediation Helpline - see Table 1 below.

Small Claims

Small claims are those which would normally be considered by the Ministry of Justice (MoJ) Small Claims Mediation Service. The National Mediation Helpline (NMH) regulated providers fees according to Table 1 below. Our fees comply with the guidance issued by the UK National Mediation Helpline (March 2011) therefore DMC can still be the most economical way of investigating mediation as a way of solving your dispute.

Click on the link to see the The HM Court Service detailed information on Small Claims

Fast Track & Multi-Track claims

Most other Dispute routes are divided by the HM Court Service into being either Fast Track or Multi-Track if not being considered under the small claim procedures. These types of claim are also covered by the National Mediation Helpline (NMH) fee structure shown in Table 1 up to £50,000. Disputes of a higher value can still be mediated by the Dispute Mediation Consultancy mediators but the fees are not covered by the National Mediation Helpline guidelines due to the complexity and overall value of the claims.

The Fast Track & Multi-Track routes take longer to resolve in court generally less than six months and greater than six months respectively. Most Dispute Mediation Consultancy mediations are carried out within 4 weeks of notification but this may be much less if documentation can be supplied by yourselves or your representatives quickly. The speed of resolution for a dispute taken to mediation therefore depends on yourself which is a significant advantage over the litigation approach where control is handed over to the HM Court Service.

Click on the link to see the The HM Court Service detailed information on Fast and Multi-Track Claims procedures

DMC National Mediation Helpline Guide fees

Table 1: DMC Small Claim, Fast Track & Multi Track fee structure

Amount you are claiming

Mediator Fees

Per party

Session Length Hours

Additional Hours

Per Party

<£5000 Small Claim - telephone*

 £50

£100

1*

2*

 £50
£5,000 - £15,000 Fast Track  £300  3  £85
£15,000 - £50,000 Multi Track**
 £425  4  £95
DMC Admin fee***
 £100  N/A  N/A

* DMC will agree in advance whether this should be dealt with in one or two hours. For the one-hour rate the option is available to facilitate settlement over the telephone if appropriate, and if the parties agree. If session length is 2 hours then expenses associated with travel will be charged at cost.

These claims will usually be simpler in nature and can often be resolved in one short session. This method does allow the opportunity for several short sessions should the need arise.

** If the claim is for more than £50,000, the fees will need to be agreed with DMC.

*** The DMC Administration fee is payable by all parties in dispute on instruction no VAT payable.

Additional time hourly rate follows NMH guidelines (2011) of £50, £85 & £95 per hour per party for standard day 10:00 - 17:00 after which overtime rates of 1.25 x standard rate applies.


Multiple Parties

The above fees are based on single claimant / defendant disputes. If there is more than one claimant and/or defendant the length of the mediation session may need to be increased, and the next fee tariff applied - DMC will discuss this matter with you when organising the mediation.


Counter-claims

Substantial counter-claims can push disputes from one cost band to another, for example an original claim for £4,000 but counter-claim for £30,000 makes an aggregate claim of £34,000.

The NMH fee is set according to the aggregate value, and parties will need to liaise amongst themselves if they are unhappy with this.


Example

Claim £5,000 but counter-claim £20,000, then fee payable would be £850 + VAT (shared between parties)


Cancellations

The fee for the mediation should be paid once the date for the mediation has been arranged and/or the Agreement to Mediate has been signed.

If the mediation is cancelled by either or both of the parties, a cancellation fee will be charged as follows:

    • £100 pp if cancellation occurs any time after the mediation date has been agreed with both (all) parties to the dispute, up to six clear working days before the date agreed for the mediation;
    •  The whole mediation fee will be charged if the cancellation occurs five clear working days or less before the date and time agreed for the mediation.

No cancellation fee will be charged if the mediation date simply has to be rescheduled to an alternative date.

If the mediation fee has already been paid by both/all parties at the time the mediation is cancelled, DMC will refund the mediation fee less any cancellation charge.

The cancellation date will be determined by the date when DMC is contacted by one party, or both or all parties, by either email or telephone.

If the cancellation of the mediation is agreed by both/all parties, the parties shall equally share the applicable cancellation payment. However, if the decision is made unilaterally, the party cancelling the mediation shall be liable for the whole cancellation payment.


Additional Costs

The Dispute Mediation Consultancy charge an administration fee of £100 per party payable at time of instruction.

Parties should try to agree, a suitable venue location for the mediation. If a venue has to be hired, the costs of the same are to be paid by the parties. DMC is able to provide high quality, low cost accommodation for mediations in a range of mediation suites situated throughout the country if required and this will be charged at cost (usually about £125 + VAT per party).

Parties may be charged travelling costs depending on chosen location of mediation and the mediator requested. DMC will aim to provide a mediator local to the dispute location in order to minimise additional costs.

If you are in receipt of public funding (legal aid) you may be able to claim reasonable costs of mediation. Either speak to your solicitor or the local Citizens Advice Bureau. You can use the Community Legal Service Direct online calculator: www.communitylegaladvice.org.uk/en/legalaid/calculator.jsp to find out if you qualify for legal aid.


Dispute value changes

If during a mediation it becomes apparent that the amount in dispute is higher than that originally discussed with either the National Mediation Helpline adviser or Dispute Mediation Consultancy's administration, and upon which the mediation fee invoiced by DMC was based; then we reserve the right to invoice the Parties for any additional amount that would have been due, in accordance with the published National Mediation Helpline fee scale.


Late payment of fees

The Dispute Mediation Consultancy reserve the right to charge interest on late payment of invoices compounded quarterly from the due date of payment accruing daily at the statutory rate being Bank of England base rate plus 8%.


 

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or contact us for more information and guidance

Duty of the Court

Don't forget that which ever route may be chosen, the Court has a duty to consider alternative means of dispute resolution (ADR) including Mediation. Taking a dispute straight to Court without considering alternatives can lead to a significant increase in the time required to resolve a dispute and will invariably be more expensive for you.

Dispute Mediation

Mediation is a practical yet sophisticated process designed to address the real issues and obstacles behind conflict in reaching a commercially viable solution.

Why mediate?   >

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