Below are some typical fees parties will incur for a Mediation Style Conference chaired by Rachel Oakeley.

Fees are inclusive of pre-mediation sessions of 1 hour for each party prior to the day of the mediation.

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


Scale of fees for private mediations, based on value of asset pool:

Lowest Rate Private Mediation Style Conference: 

Where asset pool is below $750,000 (or the mediation relates to parenting issues only) ......................................................... $2,915.00 (inc. GST)

Mid-Rate Private Mediation Style Conference: 

Where asset pool is between $750,000 and $1,500,000 (may also include parenting matters).................................................. $3,190.00 (inc. GST)

Full rate Private Mediation Style Conference: 

Complex issue mediations; and/or where asset pool is greater than $1,500,000 (may also include parenting matters............... $3,465.00 (inc. GST)

NIL Fees for Private Session Pre-mediation Conferences with the parties


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, information can be provided prior with conference particulars or copies of filed court documents.  The day of mediation will then be lengthened to accommodate breakfast meetings to complete pre-mediation.  This can mean a start time of about 8am for one of the parties.

 

Venue Costs

Mediation can occur elsewhere if solicitors for either party are able to provide appropriate conference rooms.

If travel outside the Perth CBD is required, disbursement travel costs may be incurred.  Rachel uses public transport where possible, usually finishing the journey via uber or taxi.

Room hire at John Toohey Chambers (2 rooms available – price per room): $150.00+GST ($330.00 inclusive of GST for both rooms).

If a room is booked and cancelled with 72 hours’ notice or less, a cancellation fee of $60.00+GST applies ($132.00 inclusive of GST for both rooms).

Where rooms at John Toohey Chambers are utilised, lunch is provided free of charge.


Additional fees for Mediation Style Conferences which conclude after 6.30pm

We aim to start mediation style conferences at 9am and conclude at 5pm.

The vast majority of Mediation Style Conferences are concluded within a normal working day.  

A full day of negotiations is extremely tiring for the parties and continuing late into the evening is rarely recommended. 

If both parties and their lawyers request it, mediation can continue beyond 5pm. 

However, if a mediation runs later than 6.30pm, fees apply.  $357.50 (inc. GST) for each hour or part thereof after 6.00pm will be shared by the parties.

 

Disbursements for travel

NIL fees are charged for travel time to venues in Perth or the outer Perth metro area.

Wherever possible, public transport is utilised to get to venues outside the Perth CBD.

Generally, travel by train, followed by uber or taxi is arranged if the venue is beyond walking distance from the nearest public transport stop or station. Uber or taxi fees will be added to the parties’ account as a disbursement cost.

If an ex-CBD (e.g. Bunbury, Mandurah) conference concludes after 5pm, parties may be charged disbursement costs for travel, capped at $250.00.


Flights and Accommodation

Mediations in country and regional areas of WA (e.g. Kalgoorlie, Broome, Albany) can be arranged.

The parties’ solicitors will be requested to organise appropriate flights and accommodation.

Where possible, more than one mediation style conference will be scheduled in the regional area so that travel and accommodation costs can be shared by multiple parties.


Half-Day Mediation – 9am to 1pm; with pre-mediation sessions for each party prior to the conference

Rachel does not generally recommend half-day mediation style conferences, 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).

Half day mediations are charged at $2,215.00 (inclusive of pre-mediation session of 1 hour per party prior to the day of the mediation)

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

Unfortunately, a number of firms have failed to pay invoices in previous years.  The reason given has been that funds were not secured in trust and the firms refused to pay the account unless funds were received from their clients.  This is contrary to the Mediation Style Conference Agreements which are issued by Rachel.

To avoid this happening in future, it is now a requirement prior to confirming a booking that the solicitors for parties have funds in trust.

To assist lawyers to calculate the amount of funds to hold in trust, below are some examples of fees in accordance with the fee structures described on this page.


Example 1: Typical fees where mediation takes place at the offices of one of the parties’ law firms:


Fees to chair full day 
Cost per person
Lowest Rate Private Mediation Style Conference: 
Where asset pool is below $750,000 or the mediation relates to parenting issues only
$2,915.00
$1,475.50
Mid-Rate Private Mediation Style Conference: 
Where asset pool is between $750,000 and $1,500,000. May also include parenting matters
$3,190.00
$1,595.00
Full rate Private Mediation Style Conference: 
Where asset pool is greater than $1,500,00. May also include parenting matters.
$3,465.00
$1,723.50







Example 2: Typical fees where mediation takes place at John Toohey Chambers:


Fees to chair full day 
Hire of 2 rooms at John Toohey Chambers
(includes lunch)
Total
Cost per person
Lowest Rate Private Mediation Style Conference:
Where asset pool is below $750,000 or the mediation relates to parenting issues only
$2,915.00
$330.00
$3,245.00
$1,622.50
Mid-Rate Private Mediation Style Conference:
Where asset pool is between $750,000 and $1,500,000. May also include parenting matters
$3,190.00
$330.00
$3,520.00
$1,760.00
Full rate Private Mediation Style Conference:
Where asset pool is greater than $1,500,00. May also include parenting matters.
$3,465.00
$330.00
$3,480.00
$1,740.00










Example 3: Typical fees where mediation at John Toohey Chambers concludes at 7pm:


Fees to chair full day 
Hire of 2 rooms at John Toohey Chambers
(includes lunch)
Additional Hour for 6pm to 7pm
Total
Cost per person
Lowest Rate Private Mediation Style Conference:
Where asset pool is below $750,000 or the mediation relates to parenting issues only
$2,915.00
$330.00
$357.50
$3,602.50
$1,801.25
Mid-Rate Private Mediation Style Conference:
Where asset pool is between $750,000 and $1,500,000. May also include parenting matters
$3,190.00
$330.00
$357.50
$3,877.50
$1,938.75
Full rate Private Mediation Style Conference:
Where asset pool is greater than $1,500,00. May also include parenting matters.
$3,465.00
$330.00
$357.50
$4,152.50
$2,076.25