Terms & Conditions of Business
ABOUT THESE TERMS AND CONDITIONS
These terms and conditions must be read in conjunction with the Mediation Agreement sent to the Parties and which are incorporated into this agreement. If there is a conflict between the terns of the Mediation Agreement and these Terms and Conditions then the terms of the Mediation Agreement shall prevail.
The following charges shall be payable. If the mediation is:
Postponed but rebooked within four (4) weeks only irrecoverable expenses such as the venue cancellation fees or travel costs already incurred will be charged.
Cancelled more than seven (7) days before it is due to take place, there will be no cancellation fee, except for any irrecoverable expenses such as (without limitation) the venue cancellation fees and any preparation time already incurred by Concordian.
Cancelled less than seven (7) days before it is due to take place any irrecoverable expenses such as (without limitation) the venue cancellation fees PLUS 100% of the Deposit.
Preparation time is charged at the hourly rate for additional time shown in the mediation agreement (if any) or set out below whichever is the lower.
LIABILITY FOR THE MEDIATION FEES
Unless the Parties agree otherwise, they will pay in equal shares the mediation fee and any other expenses.
Responsibility for the fee and expenses rests with the solicitors where instructed, or with the individual party if unrepresented.
The mediation fee is based on the amount in dispute.
The amount in dispute will be calculated as the gross value of the claim and any counterclaim. The fee will be set accordingly. If during the mediation it becomes apparent that the amount in dispute is higher than the amount notified, Concordian reserves the right to invoice the parties for any additional mediation fees.
In most mediation instructions, two invoices will be issued.
Deposit Invoice – for costs of the scheduled period or fixed fee and any venue costs.
Balance invoice for any additional mediation time or venue fees if not previously invoiced.
The Deposit Invoice is due and payable no later than seven (7) working days in advance of the mediation or in full upon receipt if issued within seven (7) working days prior to the mediation, as a precondition to the mediation taking place.
Where a Deposit Invoice is not settled in full prior to the mediation Concordian may allow the mediation to proceed subject to the instructing solicitor undertaking in writing to settle the full amount of the invoice, if still unpaid by the party within 48 hours of the end of the mediation.
All other invoices (including the Balance invoice) are payable in full within seven (7) days of the date of issue, unless agreement in writing in reached to the contrary.
All fees are exclusive of VAT, which will be added at the applicable rate.