Fixed Fee Mediation Scheme

As a large multi-disciplinary set, 39 Essex Chambers provides a strong cohort of Mediators across a wide variety of practices. Our Fixed Fee Mediation Scheme provides access to our Mediators at costs reflective of your dispute. The scheme has been created so that the parties know exactly where they stand when they enter into the mediation process and to minimise the demands of finding a suitable mediator for your dispute. The scheme gives a variety of options, looking at dispute area and the value of claim. If you feel your dispute does not fit into any of these categories, or have any queries at all, them please do get in touch with our dedicated ADR clerks, who will be very happy to help.

Public Law

39 Essex Chambers has a number of public law practitioners across all calls, who are accredited mediators. We have experience in mediating a wide range of public law disputes both pre and post issue of proceedings.

We offer three different fee structures for public law mediation, depending on the type of dispute.

  • Public law disputes that have a monetary value.
  • Disputes in the Court of Protection concerned with a person’s health and welfare.
  • All other public law disputes.

-- Public law disputes with a monetary value

39 Essex Chambers has a number of public law practitioners across all calls, who are accredited mediators. We have experience in mediating a wide range of public law disputes with a monetary value, both pre and post issue of proceedings. Examples of disputes within this category are:

  • Disputes between different local authorities and/or or health bodies about who should be meeting a service user’s needs, or disputes between local authorities and service users about deprivation of assets. These disputes lead to claims in restitution. 
  • Disputes about breaches of human rights which can lead to claims for pecuniary loss, or for damages under the Equalities Act. 

The fee for the mediator will depend on the pleaded value, or expected value, of the claim

ClaimMediation Rate per DayExtra Hourly Charge Applicable After Mediation Hours
Up to £10,000£1,500£100
£10,000 – £25,000£2,500£200
£25,000 - £100,000£3,500£300
£100,000 - £250,000£5,000£400

These fees will include:

  • A day rate for the mediator – this is from 9 am to 5pm.
  • A mediator of appropriate call to mediate the particular dispute.
  • 4 hours prep (for a full day mediation) which will include any introductory telephone calls to the parties.
  • Rooms in chambers (subject to availability).

These fees do not include:

  • Expenses – this will be charged on top.
  • VAT – this will be charged on top.
  • Travel – this will be charged at half the extra hourly charge rate set out above.

Please note:

  • If additional preparation time is required due to the volume of material provided, or the number of parties involved, the parties will be notified.
  • We reserve the right to review fees if it comes to light the dispute has a higher value than initially notified or is more complex than a standard mediation dispute.
  • We require payment of the mediation rate and any anticipated extra hourly charges upfront. We will assume that the costs will be divided equally between the parties, unless the parties have come to a different arrangement.
  • Any additional chargeable time spent in excess of this can be paid after the mediation (if applicable). Again, we assume that these additional costs will be divided equally between all the parties, unless told otherwise.
  • Half day rates are available for simpler disputes, on enquiry.

For further enquiries, please contact:

-- For disputes about incapacitated adult’s health and/or welfare

39 Essex Chambers has a number of public law practitioners across all calls, who are accredited mediators. We have experience in mediating a wide range of court of protection health and welfare disputes both pre and post issue of proceedings.

MediatorMediation Rate per DayExtra Hourly Charge Applicable After Mediation Hours
Up to 10 years call£875 - £1,000£100
10 – 15 years£1,250 - £1,500£150
15+£1,750 - £2,000£200
KCRate on applicationRate on application

These fees will include:

  • A day rate for the mediator – this is from 9 am to 5pm.
  • A mediator of appropriate call to mediate the particular dispute.
  • 4 hours prep (for a full day mediation) which will include any introductory telephone calls to the parties.
  • Rooms in chambers (subject to availability).

These fees do not include:

  • Expenses – this will be charged on top.
  • VAT – this will be charged on top.
  • Travel – this will be charged at half the extra hourly charge rate set out above.

Please note:

  • If additional preparation time is required due to the volume of material provided, or the number of parties involved, the parties will be notified.
  • We reserve the right to review fees if it comes to light the dispute has a higher value than initially notified or is more complex than a standard mediation dispute.
  • We require payment of the mediation rate and any anticipated extra hourly charges upfront. We will assume that the costs will be divided equally between the parties, unless the parties have come to a different arrangement.
  • Any additional chargeable time spent in excess of this can be paid after the mediation (if applicable). Again, we assume that these additional costs will be divided equally between all the parties, unless told otherwise.
  • Half day rates are available for simpler disputes, on enquiry.
     

For further enquiries, please contact:

-- For all other public law disputes not within the above categories

39 Essex Chambers has a number of public law practitioners across all calls, who are accredited mediators. We have experience in mediating a wide range of public law disputes both pre and post issue of proceedings. For example:

  • A wide range of Judicial review claims.
  • Where there has been a breakdown in a relationship such as between care providers and family members.
  • Complaints
MediatorMediation Rate per DayExtra Hourly Charge Applicable After Mediation Hours
Up to 10 years call£875 - £1,500£150
10 – 15 years£2,500£250
15+£3,500£350
KCRate on applicationRate on application

These fees will include:

  • A day rate for the mediator – this is from 9 am to 5pm.
  • A mediator of appropriate call to mediate the particular dispute.
  • 4 hours prep (for a full day mediation) which will include any introductory telephone calls to the parties.
  • Rooms in chambers (subject to availability).

These fees do not include:

  • Expenses – this will be charged on top.
  • VAT – this will be charged on top.
  • Travel – this will be charged at half the extra hourly charge rate set out above.

Please note:

  • If additional preparation time is required due to the volume of material provided, or the number of parties involved, the parties will be notified.
  • We reserve the right to review fees if it comes to light the dispute has a higher value than initially notified or is more complex than a standard mediation dispute.
  • We require payment of the mediation rate and any anticipated extra hourly charges upfront. We will assume that the costs will be divided equally between the parties, unless the parties have come to a different arrangement.
  • Any additional chargeable time spent in excess of this can be paid after the mediation (if applicable). Again, we assume that these additional costs will be divided equally between all the parties, unless told otherwise.
  • Half day rates are available for simpler disputes, on enquiry.
     

For further enquiries, please contact:

Commercial and Construction

39 Essex Chambers’ accredited commercial mediators have experience in mediating the full breadth of civil, commercial and construction law disputes both pre and post issue of proceedings, as well as disputes in commercial public law.

Where a dispute is suitable, we offer a fixed fee structure of our fees for commercial mediation. Suitability for the fixed fee scheme depends on factors such as monetary value, complexity of the case and the number of parties. Fixed fee scheme mediations may be done in person or online.

Claim value up toHalf Day Mediation (4 hours) per PartyFull Day Mediation (8 hours) per PartyExtra Hourly Charge Applicable After Mediation Hours per Party
£50,000£750£1,000£125
£100,000£1,000£1,500£150
£200,000£1,500£2,000£175
£400,000£2,000£2,500£200
£600,000£2,500£3,000£225

These fees will include:

  • Price per Party.
  • A mediator of appropriate call to mediate the particular dispute.
  • 4 hours prep (for a full day mediation) which will include any introductory telephone calls to the parties; or 2 hours prep (for a half day mediation) which will include any introductory telephone calls to the parties.
  • Rooms in chambers (subject to availability).

These fees do not include:

  • Expenses – this will be charged on top.
  • VAT – this will be charged on top.
  • Travel – this will be charged at half the extra hourly charge rate set out above.

Please note:

  • If additional preparation time is required due to the volume of material provided, or the number of parties involved, the parties will be notified.
  • We reserve the right to review fees if it comes to light the dispute has a higher value than initially notified or is more complex than a standard mediation dispute.
  • We require payment of the mediation rate and any anticipated extra hourly charges upfront. 
  • Any additional chargeable time spent in excess of this can be paid after the mediation (if applicable). 

For further enquiries, please contact:

Planning, Environment and Property

39 Essex Chambers has, for decades, been the ‘go to’ set for environmental litigation both domestic and international. It is one of the four leading sets for planning and DCOs and has a growing, dedicated real estate team.  In consequences, it is able to offer a range of accredited mediators, all with specialist practitioner expertise, and, related fields like CPO compensation and contractual disputes. For example:   

  • Environmental nuisance; Disputes involving agricultural operations (including farming partnerships); Boundaries; Dilapidations; Easements; Restrictive covenants and service charges; Highways and Rights of Way; Judicial Review challenges; Land compensation claims; Planning and other Regulatory enforcement; and, Section 106 obligations and the outworkings of other development related agreements.

Our mediators are also adept with mediating on a video platform.

Claim value up toHalf Day Mediation (4 hours) per PartyFull Day Mediation (8 hours) per PartyExtra Hourly Charge Applicable After Mediation Hours per Party
£50,000£750£1,000£125
£100,000£1,000£1,500£150
£200,000£1,500£2,000£175
£400,000£2,000£2,500£200
£600,000£2,500£3,000£225

These fees will include:

  • Price per Party.
  • A mediator of appropriate call to mediate the particular dispute.
  • 4 hours prep (for a full day mediation) which will include any introductory telephone calls to the parties.
  • Rooms in chambers (subject to availability).

These fees do not include:

  • Expenses – this will be charged on top.
  • VAT – this will be charged on top.
  • Travel – this will be charged at half the extra hourly charge rate set out above.

Please note:

  • If additional preparation time is required due to the volume of material provided, or the number of parties involved, the parties will be notified.
  • We reserve the right to review fees if it comes to light the dispute has a higher value than initially notified or is more complex than a standard mediation dispute.
  • We require payment of the mediation rate and any anticipated extra hourly charges upfront.
  • Any additional chargeable time spent in excess of this can be paid after the mediation (if applicable).
     

For further enquiries, please contact:

Civil Law

Our mediators know the importance of supporting parties who, for whatever reason, have not been or may not be successful in settling their differences themselves. For those parties who prefer a neutral process of mediation, that is what we shall provide. However, many parties find it helpful if the mediator, by virtue of their experience and knowledge of the field, can offer a degree of evaluation or direction to the parties which recognises the strength or weakness of their relative positions – but, of course, always respecting the confidentiality of the process. That is a feature of the service which is worth considering. However, in both cases, or in whatever form of mediation is preferred, the fixed fee arrangement means the parties know exactly where they stand when they enter into the mediation process.

All our mediators are experienced practitioners in the following specialist fields:

  • Abuse; Animal Claims; Clinical Negligence; Insurance Coverage; Employers’ Liability; Group Litigation; Insurance Fraud; Health & Safety; Industrial Disease; Inquests; Occupiers’ Liability; Personal Injury; Policy Coverage; Product Liability; Property Damage; Public Liability; Road Traffic; Sport Injury and Negligence; and, Travel and International injury.

Please note the Fixed Fee scheme is for claims that fall within the small claims, fast track, intermediate track and Multitrack only – for other claims please speak to the team.

ClaimMediation Rate per PartyExtra Hourly Charge Applicable After Mediation Hours per PartyMediation DurationPreparation Time
Small claims, up to £10,000£500£502 hours1 hour
Fast track, £10 – 25k£1000£1004 hours2 hours
Intermediate track, £25 – 100k£2000£2008 hours4 hours
Multitrack, £100 – 250k£2500£2508 hours4 hours
£250k - £1 million£3000£3008 hours4 hours

*For Silks please speak to the team.

These fees will include:

  • Price per Party.
  • A mediator of appropriate call to mediate the particular dispute.
  • Rooms in chambers (subject to availability).

These fees do not include:

  • Expenses – this will be charged on top.
  • VAT – this will be charged on top.
  • Travel – this will be charged at half the extra hourly charge rate set out above.

Please note:

  • If additional preparation time is required due to the volume of material provided, or the number of parties involved, the parties will be notified.
  • We reserve the right to review fees if it comes to light the dispute has a higher value than initially notified or is more complex than a standard mediation dispute.
  • We require payment of the mediation rate and any anticipated extra hourly charges upfront.
  • Any additional chargeable time spent in excess of this can be paid after the mediation (if applicable). 

For further enquiries, please contact:

FAQs

  • Is the Settlement Agreement legally binding?

    Yes. The Mediation Agreement binds everyone who participates in the mediation to its terms, most important of which is the confidentiality of the mediation process.
    Settlement Agreements arising from a mediation bind the parties that agree to them.

  • Who will draw up the Settlement Agreement?

    It is for the parties to the mediation to draw up and agree the Settlement Agreement between them. Free model agreements are available online. The mediator will continue to assist the parties during the mediation until the Settlement Agreement is concluded.

  • Will the mediator be able to offer legal advice?

    No. Mediators do not offer legal advice to any party.

  • What will the mediator need be provided before the mediation?

    This varies depending on the mediation. The mediator will need at least a mediation statement (setting out the matters relevant to the mediation), and relevant documents to read in an agreed bundle, as well as a list of proposed attendees. 
    The mediator will direct you to what additional information is required. You may wish to consider providing a chronology (agreed if possible) and any notes which are for the mediator’s eyes only.

  • May I have someone accompany me during the mediation?

    Attendees at the mediation should be discussed with the mediator, in advance of the mediation day. Anyone who attends the mediation with you must also agree to be bound by the relevant terms in the Mediation Agreement, particularly those relating to confidentiality.

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