Mediation Services
Fees
Full day mediation $3,600 defined as:
- a continuous mediation up to 8 hours; or
- a half day mediation which extends beyond 4 hours; or
- a booking for a full day which completes any time after its commencement.
Half day mediation $2,500 defined as:
- a booking specified as a half day mediation and does not exceed 4 hours.
Inclusions
Fees including reading of a brief no larger than a single lever arch file. Additional reading will incur an hourly rate reading fee of $360 per hour.
Fees include all pre mediation discussions, correspondence and preparation as required.
Fees include all correspondence with the parties following the mediation in order to finalise negotiations. This does not include a second or further face-to-face mediation.
Exceptions
Hachem & Bird mediators understand the varying circumstances that arise and values the importance of the mediation processes. As such, where there is particular financial hardship, we will discuss the possibility of a reduced rate on a case by case basis.
Travel
Mediators will attend mediations in all states/territories of Australia.
- a flat fee of $500 will be payable for travel to ACT, NSW, QLD, SA and TAS.
- travel to WA and NT will be assessed on an individual basis.
- No additional charges apply for mediations held in Victoria or regional Victoria.
- Where there are two or more mediations in a single trip, the fee will be apportioned between those mediations.
- Where there is a requirement to stay interstate for more than one night, an additional fee may be charged for accommodation. This will also be apportioned over multiple mediations.
Invoices will be issued to the party retaining Hachem & Bird, although separate invoices can be provided if the parties agree to an apportionment of the mediation fees.
All fees are exclusive of GST.
Parties Obligations
Parties to the mediation are to select a mutually agreeable venue and make the appropriate bookings and payment to the venue.
Hachem & Bird can arrange the booking of a venue provided that sufficient notice is given, subject to venue availability. The venue will invoice the parties directly.
Each party should be legally represented. If a party is not legally represented, notice must be provided to Hachem & Bird with ample time to consider the position.
Each party to which the issues in dispute relate must attend the mediation and have the authority to make decisions and to enter into an agreement at the conclusion of the mediation. If the party is not able to attend, we must be notified with ample time to consider the circumstances.
Parties who wish to have a support person attend may do so provided that the support person agrees to adhere to the proper conduct required at the mediation.
Each party is required to be respectful of each other and refrain from aggressive or threatening behaviour. If one or more parties become threatening or abusive, the Mediator may terminate the mediation.
Documents
Position Paper
The parties are required to provide Hachem & Bird with a position paper. The position paper should be concise and refer to any relevant evidence.
Mediator’s Brief
An agreed brief of documents should be provided ahead of the mediation and should include all legal pleadings and evidentiary documents including any medical or expert reports. Where possible, summaries of bundles of documents such as clinical notes or tax returns should be provided rather than the actual records. The brief should include the names of the parties attending the mediation.
Mediation Agreement
Hachem & Bird will use the Resolution Institute mediation agreement which he will provide at the mediation. Each party to the agreement will be required to sign the agreement. A copy of the agreement can be found here.