Mediation Fees & Terms

Stephen Barker works on a fixed fee basis, which he will agree with the parties’ representatives. The fixed fee will be based upon any financial value of the difference between the parties. It will also take account of the nature of the dispute and the complexity of the issues.

The fees agreed shall be shared equally between the parties. Precise costs will be agreed in writing before finalisation of appointment. The parties will also be required to sign up to Stephen Barker’s standard mediation agreement.

What is included?
Stephen believes that parties should never be invoiced for mediator fees that come as a surprise. So, wherever possible, Stephen will agree to an all-inclusive fee, which the parties will pay up front.

The agreed fee will include up to 5 hours preparation and reading-in time for full day mediations and 3 hours for part day mediations. Stephen’s preparation typically involves introductory confidential telephone discussions with each party’s legal representative. He will also be pleased to speak to lay parties if helpful.

If you are considering appointing Stephen, please call or use the contact form to send an email and he will provide a preliminary indication of likely fees, based upon the information you provide.

Mediations scheduled for a full day or more (recommended in most cases)
Stephen will provide a fixed fee for a mediation meeting lasting up to 10 hours, including all preparation. Thereafter an overtime rate may be payable.

Mediations scheduled for a part day
Stephen will provide a fixed fee for a mediation meeting lasting up to 3 hours, including all preparation, and agree an hourly rate for additional mediation hours up to 10 hours. Thereafter an overtime rate may be payable.

Co-mediator’s fees
Stephen Barker Mediation will be pleased to arrange for a co-mediator. The parties will enter into a contract directly with the co-mediator and be responsible for meeting their fees. On a case-by-case basis, Stephen can put forward a joint fee for both mediators. The joint fee will depend upon all the circumstances including the expertise and experience of the co-mediator chosen.

Assistant mediators
From time to time, Stephen receives requests from other mediators to assist him in my mediations without charge. This is an industry standard way for mediators to gain or refresh their experience. If Stephen considers it is appropriate to involve an assistant mediator, he will inform you in advance and ask you to confirm your agreement to their involvement.

Overtime

If the mediation meeting runs beyond 10 hours, Stephen reserves the right to charge overtime at an hourly rate of £150 per party, which will be invoiced to the parties on conclusion of the mediation.

Additional charges
Travel, over night accommodation and other out of pocket expenses are charged at net cost, unless otherwise agreed. Mileage is charged at 45p per mile.

International travel
If international travel is required, it may be necessary for Stephen to make an additional charge to reflect the increased travel time. Stephen will be pleased to discuss this before any booking is made.

VAT
All prices set out above are net of VAT which will be added at the prevailing rate.

Time for Payment
Payment is due by seven days before the appointed mediation date. Where parties are legally represented, all invoices will be addressed to the solicitors, who shall have primary responsibility for payment. Additional charges, if any, will be invoiced following the appointed mediation day.

If the mediation is cancelled
Provided that Stephen Barker Mediation receives notification of cancellation of a mediation meeting before Stephen has read any papers and in any event at least seven days before the appointed mediation date, Stephen will refund fees paid in full (save for reimbursement of disbursements). If the parties cancel less than seven days before the appointed mediation date the full fee remains due. If Stephen has carried out work in respect of a cancelled mediation, he reserves the right to invoice the time he has spent at an hourly rate of £150 per party. If a party is considering cancelling a booked mediation, they are urged to speak to Stephen first, as alternative arrangements may be possible without incurring all or part of the fee.

Waiver or variation of fees
In certain circumstances (for example in respect of cancellation or overtime), according to need, Stephen may be prepared to negotiate lower mediation fees, but unless otherwise agreed in writing fees shall calculated by reference to these terms.