Mediation Costs

Mediation Style Conference fees

Please note: Scale fees do NOT apply to complex multiple-entity pools; or to bankruptcy cases.  Those matters will be subject of individual assessment and quote.

The chair's fees payable by the parties for private mediations, are as follows:

Fees (face to face mediation)

Fees (e-mediation)

Venue costs

Room hire at John Toohey Chambers (2 rooms available – price per room).........$150.00 + GST.

Half-Day Mediation 

Format: 9am to 1pm; with pre-mediation sessions for each party prior to the conference.

Half-day mediation style conferences are not generally recommended, for these reasons:

1. The settlement rate in half-day mediations is significantly lower than in full day mediations.
2. A high number of half-day mediations run over time and the parties end up paying more in fees than they would if a full day was scheduled.
3. Unless parties have mediated previously, or have very narrow issues to negotiate, the parties spend far too little time on the issue exploration part of the mediation (see page on ‘What Happens On The Day’ for an explanation of issue exploration). Improperly explored issue exploration interferes with the parties’ ability to focus on options for settlement.

There are some cases where it is possible to plan and conduct a mediation in half a day.

Half day mediations may be appropriate in some cases, such as:

1. Where parties’ solicitors have been instructed to arrange a mediation and have assessed that the parties are focused on an amicable settlement and wish to finalise matters in a collaborative round-table format.
2. Where the parties have attended mediation previously and require time to think about offers and wish to resume to finalise settlement negotiations.
3. Where parties have a single-issue dispute (e.g. choice of school for a child or children; only one significant asset for division (like proceeds of sale of former matrimonial home).

If a half-day mediation runs beyond 1pm, fees will be charged on an hourly rate of $357.50 (incl. GST).

Note: A half day mediation which runs into a full day is more expensive than a full day mediation. Booking a half day mediation is often a false economy. It is also not guaranteed that the second half of the mediation day will be available where a half fay mediation is booked. At busy times, pre-mediation sessions for other matters are booked during the afternoons when half day bookings have been made.

Funds in Trust prior to Confirmation of Booking

It is a requirement prior to confirming a booking that the solicitors for parties have funds in trust. 

Pre-mediation

Pre-mediation is an essential part of the process and is included in the standard rates above.  It is recommended in all cases that pre-mediation take place on a day prior to the conference convening.

If parties cannot attend pre-mediation sessions prior to the day of the conference, I will accept conference particulars prior and lengthen the duration of the mediation by building in breakfast meetings to complete pre-mediation.  This can mean a start time of about 8am for one of the parties.

Ex-metro travel fees

For Mediation Style Conferences conducted outside the Perth metro area but on a train line, I do not charge for travel time or costs of travel to the mediation.

If an ex-metro conference concludes after 5pm, parties may be charged disbursement costs for travel, capped at $250.00.

Flights and accommodation

I am willing to travel to country areas for mediation (e.g. Kalgoorlie, Broome, Albany). Generally, I request that the parties’ solicitors organise appropriate flights and accommodation. Where possible, I arrange more than one mediation style conference so that travel and accommodation costs can be shared by multiple parties.

Mediation Style Conferences which conclude after 6.30pm

The vast majority of Mediation Style Conferences which I chair are concluded within a normal working day.  If it appears to me that the matter is capable of settling if the parties continue to negotiate a little after the usual close of business, I will generally make myself available until a concluded settlement. 

However, if a mediation runs later than 6.30pm, I reserve the right to charge $325.00+ GST ($357.50 incl. GST) for each hour or part thereof after 6.00pm.