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Civil and Commercial Mediation Terms and Conditions of Business

Liability for the mediation fees

1. Unless agreement is reached to the contrary, the mediation fee, together with any other expenses, will be borne equally between the Parties.

2. Responsibility for the fee rests with the instructing solicitors. ADR Group recommends that the instructing solicitors retain sufficient money on account to cover the mediation fee.

Cancellation policy

3. In certain instances, postponement of mediation is inevitable. Where the mediation is cancelled more than 7 days before it is due to take place, no cancellation fee will apply, other than to any irrecoverable expenses (e.g. venue cancellation fees) and any preparation time already incurred by the mediator.

However, in addition to recovery of the above mentioned expenses, if the mediation is cancelled less than 7 working days before the mediation was due to take place, then ADR Group will levy a fee of £350 to cover the administration costs.

Invoicing

4. In most mediation instructions, two invoices will be issued:
(i) Deposit invoice: detailing the costs of the initial scheduled period [or fixed fee] and venue costs, if appropriate;
(ii) Balance invoice: any additional mediation fee and expenses (including extra mediation time, refreshment, travel costs etc.)

5. ADR Group's Deposit invoice (see 4(i) above) is payable, in full, upon receipt or no later than seven working days in advance of the mediation, as a precondition to the mediation taking place.

6. Where an ADR Group Deposit invoice is not settled in full prior to the mediation, ADR Group 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 client, within 21 days of the date of the mediation.

7. All other ADR Group invoices (including the Balance invoice referred to in 4(ii) above) are payable in full within 21 days of the date of issue, unless agreement is reached to the contrary.

8. ADR Group reserve the right to charge interest on late payment of invoices compounded quarterly from the due date of payment accruing daily at the rate of 2% above Lloyds TSB Bank Plc Base Rate.

9. All fees are exclusive of VAT (if applicable).


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