Eskhill & Co | Green House at Eskhill | 15A Inveresk Village | Musselburgh | EH21 7TD | Tel: 0131 271 4000

Mediation Fees

The nature of mediations varies with the type of dispute and the needs of the parties. We always seek to provide a fee proposal which is tailored to your particular situation. We believe our indicative fees below provide good value but we do not wish fees to discourage parties' use of mediation. Please discuss your particular situation with us to see how we can help. In order to give some indication of how our fee may be calculated we have described below fee arrangements for three typical dispute: a fixed fee mediation for smaller and less complex disputes for example where neither the claim nor counter-claim exceed £24,999; a commercial mediation fee for more complex disputes with higher value claims and counter-claims; and a employment and workplace mediation fee for difficulties between employees and difficulties mediated in the shadow of formal employment processes and employment tribunals. Fees for other disputes which don't fit into these categories will be assessed by reference to the nearest appropriate scale or by using a rate based on time charges. Since each party normally pays their own fees we usually quote our fees on a per party basis unless stated such as in employment and workplace situations. Remote mediation Since the Covid-19 emergency started we have been offering remote mediation in place of face to face meetings. We can use telephone or any one of a number of video conferencing platforms available online. Our preference is to use Zoom as our experience is that it is both more stable, even at low bandwidths and it has features that enable us to simulate the suite of rooms in a face to face mediation. We meet the cost of using Zoom and so the parties save on venue costs in the fee scales below. We recognize that an online mediation with a number of participants, complex negotiations, and a suite of virtual meeting spaces is likely to be a new experience for many people; and so we are including within our fees support, familiarisation and training as required by any of the parties and their advisers in the lead-up to the mediation day as well as the usual pre-mediation sessions. We are also providing the following guarantee: if, having commenced a remote mediation, the parties wish to change to a conventional face-to-face meeting after the Covid-19 emergency, we will provide the full mediation the parties have paid for at no additional fee other than the expenses of a meeting venue.

Early Dispute Mediation (EDM)

We have designed EDM for small, less complex contract disputes which may have a value under £25,000 or not be about a financial issue. The dispute is not likely to have escalated to the point where mediation requires the parties to instruct other professional advisers and where they might expect to represent themselves at mediation. EDM is intended as a way of offering a half day fixed fee mediation to parties so that they can engage in asisted negotiation at minimal cost. The fee in a fixed fee mediation is normally divided equally between the parties and is payable by each prior to the start of mediation - see terms of service below. The fee for an EDM is fixed and is designed for issues between two parties which may be expected to be resolved within half a day. The fee for an EDM mediation is normally divided equally between the parties and is payable by each prior to the start of mediation. Fixed Fee per party is £500 plus VAT plus expenses. The fee includes a mediation session of up to 5 hours, preparatory reading and pre-mediation meetings with each party of up to one hour, which may be by phone or video conferencing. Additional time is charged at £125 plus VAT per hour. If after a fixed fee mediation the parties require a more intensive full mediation, with advisers involved, we will be prepared to discount our normal commercial rates (see below) by half the fee paid for EDM.

Employment and workplace mediation fee

Workplace disputes between employees can vary considerably in the mediation process design. Some mediations are two party and some are multi-party or team disputes. Some disputes can be resolved by fixing a single mediation day while others are best handled in shorter sessions but with two or three meetings. Multi-party and team mediations may require meetings with all the individuals involved at the pre-mediation stage as well as greater time in in mediation and special venue arrangements. We are happy to provide a quotation after a free consultation meeting with the employer when we can assess the best way to proceed. An indicative fee for a workplace mediation, commissioned and paid for by the employer, involving two employees with pre- mediation meetings with each party and a full day mediation session up to 10 hours. Our normal fee would be £1500 plus VAT and expenses. The hourly rate for additional hours is £125.

Time Charges:

Where a fee scale or fee proposal is not used or additional hours fall due under the fee scale above, the fee rate will be based on £125 per hour plus VAT per mediator unless otherwise agreed.
Eskhill & Co Eskhill & Co 2021-X

Terms of Service:

1. All the above rates are exclusive of VAT which is currently charged at 20% 2. The Mediation Session charge includes the services of a lead and an assistant mediator on the mediation day where we deem it to be appropriate at no additional charge. 3. The fee will normally be invoiced in two parts: the first, which includes the fee for the preparatory work and mediation day, is due for payment seven days before the Mediation; and the second which covers any extra hours and expenses is due for payment within seven days of the Mediation ending. 4. Cancellation of the Mediation by either party will result in the following fees: i. More than 14 days before the scheduled Session: Any non-recoverable expenses and a charge of £100 per party. ii. Between 1 & 14 days before the Session: Any non-recoverable expenses and a charge of 50% of the mediation fees. iii. Less than 24 hours before Session: Any non-recoverable expenses and a charge of the full mediation fees. iv. If a postponement of the mediation is agreed the cancellation charges will be abated to any non-recoverable expenses.

Notes to fees and expenses:

Incidentals (postage, telephone, copying, etc) no charge where level is small After the Covid-19 emergency (when face-to-face mediations may be chosen) Remote mediations will still be available but where face-to-face is sought the choice of venue is for agreement with the parties in commercial disputes or employer in workplace disputes. It is advisable to hold the mediation at a neutral venue and away from the normal place of work of the participants, The accommodation needed is one private room for each participant and one for the joint meetings. As a guide 3 rooms in a 3/4 star hotel may be in the range of £400 to £750 per day. Where appropriate we can offer Green House at Eskhill or Mains of Rymore for £250. Refreshments at cost (lunch and coffee) between £10 - £25 per person Travel 45p per mile

Commercial mediation fee

This is an indicative fee for a larger scale, more complex, mediation and we have set out three levels: up to £249,999; between £250,000 and £499,999; and, between £500,000 and £999,999. Disputes with a value of the claim or counter-claim being £1m or over we will provide a bespoke quotation. The fee, which is per party, is in three parts: (1) for preparatory work, (2) for the mediation session; and, (3) for additional hours. For disputes with a claim or counter claim of £1m and over please contact us for a quotation.
Remote Mediation, Facilitation and Coaching NOW
Eskhill & Co | Green House at Eskhill | 15A Inveresk Village | Musselburgh EH21 7TD | Tel: 0131 271 4000

Mediation Fees

The nature of mediations varies with the type of dispute and the needs of the parties. We always seek to provide a fee proposal which is tailored to your particular situation. We believe our indicative fees below provide good value but we do not wish fees to discourage parties' use of mediation. Please discuss your particular situation with us to see how we can help. In order to give some indication of how our fee may be calculated we have described below fee arrangements for three typical dispute: a fixed fee mediation for smaller and less complex disputes for example where neither the claim nor counter-claim exceed £24,999; a commercial mediation fee for more complex disputes with higher value claims and counter-claims; and a employment and workplace mediation fee for difficulties between employees and difficulties mediated in the shadow of formal employment processes and employment tribunals. Fees for other disputes which don't fit into these categories will be assessed by reference to the nearest appropriate scale or by using a rate based on time charges. Since each party normally pays their own fees we usually quote our fees on a per party basis unless stated such as in employment and workplace situations. Remote mediation Since the Covid-19 emergency started we have been offering remote mediation in place of face to face meetings. We can use telephone or any one of a number of video conferencing platforms available online. Our preference is to use Zoom as our experience is that it is both more stable, even at low bandwidths and it has features that enable us to simulate the suite of rooms in a face to face mediation. We meet the cost of using Zoom and so the parties save on venue costs in the fee scales below. We recognize that an online mediation with a number of participants, complex negotiations, and a suite of virtual meeting spaces is likely to be a new experience for many people; and so we are including within our fees support, familiarisation and training as required by any of the parties and their advisers in the lead-up to the mediation day as well as the usual pre- mediation sessions. We are also providing the following guarantee: if, having commenced a remote mediation, the parties wish to change to a conventional face-to-face meeting after the Covid-19 emergency, we will provide the full mediation the parties have paid for at no additional fee other than the expenses of a meeting venue.

Early Dispute Mediation (EDM)

We have designed EDM for small, less complex contract disputes which may have a value under £25,000 or not be about a financial issue. The dispute is not likely to have escalated to the point where mediation requires the parties to instruct other professional advisers and where they might expect to represent themselves at mediation. EDM is intended as a way of offering a half day fixed fee mediation to parties so that they can engage in asisted negotiation at minimal cost. The fee in a fixed fee mediation is normally divided equally between the parties and is payable by each prior to the start of mediation - see terms of service below. The fee for an EDM is fixed and is designed for issues between two parties which may be expected to be resolved within half a day. The fee for an EDM mediation is normally divided equally between the parties and is payable by each prior to the start of mediation. Fixed Fee per party is £500 plus VAT plus expenses. The fee includes a mediation session of up to 5 hours, preparatory reading and pre-mediation meetings with each party of up to one hour, which may be by phone or video conferencing. Additional time is charged at £125 plus VAT per hour. If after a fixed fee mediation the parties require a more intensive full mediation, with advisers involved, we will be prepared to discount our normal commercial rates (see below) by half the fee paid for EDM.

Commercial mediation fee

This is an indicative fee for a larger scale, more complex, mediation and we have set out three levels: up to £249,999; between £250,000 and £499,999; and, between £500,000 and £999,999. Disputes with a value of the claim or counter-claim being £1m or over we will provide a bespoke quotation. The fee, which is per party, is in three parts: (1) for preparatory work, (2) for the mediation session; and, (3) for additional hours. For disputes with a claim or counter claim of £1m and over please contact us for a quotation.

Time Charges:

Where a fee scale or fee proposal is not used or additional hours fall due under the fee scale above, the fee rate will be based on £125 per hour plus VAT per mediator unless otherwise agreed.
Eskhill & Co Eskhill & Co 2021 - X

Terms of Service:

1. All the above rates are exclusive of VAT which is currently charged at 20% 2. The Mediation Session charge includes the services of a lead and an assistant mediator on the mediation day where we deem it to be appropriate at no additional charge. 3. The fee will normally be invoiced in two parts: the first, which includes the fee for the preparatory work and mediation day, is due for payment seven days before the Mediation; and the second which covers any extra hours and expenses is due for payment within seven days of the Mediation ending. 4. Cancellation of the Mediation by either party will result in the following fees: i. More than 14 days before the scheduled Session: Any non- recoverable expenses and a charge of £100 per party. ii. Between 1 & 14 days before the Session: Any non- recoverable expenses and a charge of 50% of the mediation fees. iii. Less than 24 hours before Session: Any non-recoverable expenses and a charge of the full mediation fees. iv. If a postponement of the mediation is agreed the cancellation charges will be abated to any non-recoverable expenses.

Notes to fees and expenses:

Incidentals (postage, telephone, copying, etc) no charge where level is small After the Covid-19 emergency (when face-to-face mediations may be chosen) Remote mediations will still be available but where face-to-face is sought the choice of venue is for agreement with the parties in commercial disputes or employer in workplace disputes. It is advisable to hold the mediation at a neutral venue and away from the normal place of work of the participants, The accommodation needed is one private room for each participant and one for the joint meetings. As a guide 3 rooms in a 3/4 star hotel may be in the range of £400 to £750 per day. Where appropriate we can offer Green House at Eskhill or Mains of Rymore for £250. Refreshments at cost (lunch and coffee) between £10 - £25 per person Travel 45p per mile

Employment and workplace mediation

fee

Workplace disputes between employees can vary considerably in the mediation process design. Some mediations are two party and some are multi-party or team disputes. Some disputes can be resolved by fixing a single mediation day while others are best handled in shorter sessions but with two or three meetings. Multi-party and team mediations may require meetings with all the individuals involved at the pre-mediation stage as well as greater time in in mediation and special venue arrangements. We are happy to provide a quotation after a free consultation meeting with the employer when we can assess the best way to proceed. An indicative fee for a workplace mediation, commissioned and paid for by the employer, involving two employees with pre-mediation meetings with each party and a full day mediation session up to 10 hours. Our normal fee would be £1500 plus VAT and expenses. The hourly rate for additional hours is £125.