Mediation
Fees
Mediations conducted in the Ottawa region (where the statement of claim was filed) will be levied based on block Mediation fees of $2500 for three hours, or $3500 for six hours. Any Mediation time beyond that will be invoiced at $500 an hour.
If a multi-party Mediation, or the volume of materials or the complexity of the issues indicates additional time may be or was required, the fees may be increased as agreed upon in consultation with the parties. Similarly for multi-day Mediations, an appropriate fee will be determined.
These fees will apply whether the Mediation is conducted virtually or in person.
Reasonable disbursements and HST will be applied to the final invoice.
For Mediations outside of the Ottawa region, fees will be levied in accordance with regional norms, including some amount for travel, if not conducted virtually.
Cancellation Charges
A cancellation fee will be charged of one-half the reserved Mediation fee, subject to the following.
This fee and any related disbursements will be charged for Mediations cancelled less than five business days prior to the scheduled event (e.g. a Friday date must be cancelled by the previous Thursday to avoid the fee).
If the cancellation occurs on the day of the Mediation or is not proceeded with, the full cancellation fee will be payable.
The invoice for the cancellation will be sent to the party requesting the cancellation, unless otherwise advised by the parties.
It is assumed that the parties will share fees and disbursements equally, unless otherwise indicated.
Payment of Dispute Resolution Services Account by Lawyers or Representatives
When a lawyer is acting for a party, it is understood and agreed that they will pay the client’s share of the Dispute Resolution Services Account, unless otherwise advised at the time of booking the meeting.
Where lawyers indicate that that they are not prepared to pay their client’s Dispute Resolution Services Account, their clients will be required to pay a deposit of the reserved Mediation fee, plus HST and any applicable stated amount for expected disbursements.
This deposit must be paid no later than 5 days before the scheduled Mediation.
Any deposited amount not applied to the payment for the Mediation, will be returned forthwith to the client after the Mediation.
These deposit requirements apply to non-lawyer representatives or unrepresented parties as well.
Arbitration, Med/Arb and Investigation Fees
Fees
Given that neither an Arbitration nor a Med/Arb conference nor an investigation is suitable for block-based fees, in these situations lawyers or representatives should contact me at my coordinates below to discuss any aspect of these procedures, the rules applying to them, and the fees charged for my services.
Cancellation Charge
A cancellation fee like that assessed for cancelled Mediations will be applied to cancelled Arbitrations and Med/Arb conferences. Cancelled investigations will be reimbursed for any time applied to them and not invoiced.
