Following is a description of the LMJM mediation fees schedule. Fees for consulting and other services are provided provided in written proposals. All fees are agreed in advance of work.
The LMJM Fees Schedule for mediation services is an attempt to make mediation available at prices that reflect the value of the resolution of the case. Total dollar claim value is used where that is appropriate. Salaries or project costs may be used in lieu of dollar claims for workplace and other matters where that may be more appropriate.
These may be described as “value-based” fees, where the value of the expected outcome is considered in determining the fee rate. As in all mediations, the expected value of the outcome is determined in relation to the costs of doing nothing.
Value-Based Fees Structure Schedule
|Total Claim||Fee/party||Session Length||Extra hour rate (per party)|
- Fee packages include an appropriate amount of preparation time by the mediator.
- Fee packages are based on competitive regional mediator rates.
- Reasonable travel expenses incurred by the mediator will be charged in addition to the fees above, and pro rated to the parties.
- Since fees are set according to the total amount in dispute, counterclaims will be included in determining the fee level.
- Fees for non-monetary claims (e.g. workplace) will be set according to the recognized value of the time of the parties, monthly salary cost, or project costs.
- Although rates are not generally negotiable, adjustments made after termination of mediation may consider pre-mediation agreed measures of value of resolution.
As stated in the Request For Mediation and Agreement to Mediate
Fees for all mediation services will be charged as structured fee packages of 2,3,4, or 8 hours with provision for additional time as required. (Please see the table above for specifics.) All packages include preparation, communications, mediating, and other activities reasonably necessary to help resolve the controversy or issues related to it, plus the Mediator’s out of pocket costs. Each party will be responsible for an equal pro-rata share (or their mutually agreed upon share) of the fee and costs. The lawyer representing a party is directly responsible for their client’s Mediator’s fees and costs. Balance is due upon receipt of the invoice, and there is a 9% per annum compounded interest on unpaid balance. Any party requiring a change to a confirmed appointment may be charged a rescheduling fee of $150.00. Any confirmed appointment cancelled within 1 day of the reserved time and date will be charged one half of the amount of the time reserved or $150.00 whichever is more.
Benefits of Value-based Fee Schedules
Value-based fees provide both the parties and the Mediator significant benefits.
- Focus is on the value of the resolution to be provided.
- Facilitate communication of expectations for outcomes.
- Encourage both the provider and parties to be realistic about what can be accomplished.
- Support an ongoing relationship between provider and client.
- Identify a shared value between the provider and the client.
- Illustrate a confidence in mediation’s ability to deliver value.
- Allow both provider and clients to benefit appropriately from the value of the resolution.