Costs of Mediation
The costs of FAI Mediation include
– the fee(s) of the mediator(s)
– the travel and other expenses incurred by the mediator(s)
– the Administrative Fee and expenses of the FAI
N.B. The costs of a counsel, if any, or other expenses incurred by a party remain the responsibility of that party, unless otherwise agreed by the parties.
Unless otherwise agreed by the parties, the parties shall bear the costs of FAI Mediation in equal shares.
Fees and expenses of the mediator(s)
The mediator’s fee shall be determined exclusively by the FAI.
The mediator’s fee shall be based on an hourly or daily rate (excluding VAT, if any) fixed by the FAI when appointing or confirming the mediator and after having solicited views of the mediator and the parties. The hourly or daily rate shall be reasonable in amount and shall be determined in light of the nature of the matter and other relevant circumstances.
When determining the mediator’s fee at the end of FAI Mediation, the FAI shall consider the time reasonably spent on the proceedings and any other relevant circumstances.
Administrative Fee of the Institute
The Administrative Fee referred to in Article 13 of the Mediation Rules shall be determined taking into account the monetary value of the dispute at stake in accordance with Table A of Appendix I of the Mediation Rules.
Advance on Costs
The FAI shall fix an advance on costs that the parties must pay before the case file is transmitted from the FAI to the mediator. The amount of the advance on costs shall correspond to the expected costs of the mediation. Unless otherwise agreed by the parties, each party shall pay an equal share of the advance on costs.
After the termination of FAI Mediation, the FAI shall cover the total costs of the mediation, as determined by the FAI, from the advance on costs.
The FAI shall reimburse the parties for any amount the parties have paid as an advance on costs that exceeds the total costs of the mediation.
If the advance on costs does not cover the total costs of the mediation determined by the FAI, the parties shall be liable for the payment of the remaining part of the total costs of the mediation.