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TERMS AND CONDITIONS OF USE

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PONS MEDIATION
MEDIATION TERMS AND CONDITIONS

These terms and conditions must be read in conjuction with the Mediation Agreement sent to the parties and are incorporated into the Agreement. If there is any conflict between these terms and conditions and the Mediation Agreement the latter shall prevail.

Fees and Liability

The fees quoted to you will be the total fees you will be asked to pay for the mediator’s services. There are no additional administration fees. Additionally:

  1. The parties will pay in equal shares the mediation fee and any other expenses (like venue costs), unless they agree otherwise

  2. Responsibility for the fee and expenses rests with the solicitors where instructed, or with the individual party if unrepresented.

  3. The amount in dispute will be calculated as the value of the claim and any counterclaim including interest and costs. The fee will be set accordingly.  If during a mediation, it becomes apparent that the amount in dispute is higher than the amount notified, the Mediator reserves the right to invoice the parties for any additional mediation fees payable.

Cancellation policy

If any Party cancels the Mediation, the following proportion of the Mediator Fee will be payable by each Party:

  1. If the cancellation is made five or less working days before the date of the Mediation, the full Mediator Fee including any preparation time and any irrecoverable expenses incurred in relation to the mediation (e.g. venue cancellation fees, travel costs) spent by the Mediator; or

  2. If the cancellation is made six to ten working days before the date of the Mediation, 50% of the Mediator Fee with no preparation time and including any irrecoverable expenses incurred in relation to the mediation (e.g. venue cancellation fees, travel costs) spent by the Mediator; or

  3. If the cancellation is made more than ten working days before the date of the Mediation, there will not be any charges except for any irrecoverable expenses incurred in relation to the mediation (e.g. venue cancellation fees, travel costs) spent by the Mediator;

  4. If the Mediation is postponed but re-booked within 4 weeks only irrecoverable expenses such as venue cancellation fees or travel costs already incurred and paid by the Mediator will be charged.

  5. Preparation time is charged at the hourly rate for additional time shown in the Mediation Agreement.

in each case without prejudice to a Party’s right to recover such sums from any Party it may consider to be at fault for the cancellation.  The parties are jointly and severally liable for cancellation fees unless agreement to alternative arrangements is reached with the Mediator and recorded in writing. Such agreement must be reached within 5 working days of appointment or prior to the mediation taking place if the mediation has been arranged at short notice.

Invoicing

  1. Invoices for mediation fees will be sent to the parties once the mediation date has been set and are payable within 7 working days thereof or no later than 5 working days in advance of the mediation.
    Failure to settle invoices within this time frame will lead to the postponement of the mediation at the discretion of the Mediator, and cancellation fees will apply as detailed in these Terms & Conditions.

  2. If the mediation has been scheduled at short notice (less than 5 working days prior to the mediation) special arrangements must be agreed with the Mediator to ensure payment is made before the mediation commences.

  3. In the absence of payment in advance for short notice mediations E.Safridi will accept the following: 

  • A solicitor’s written undertaking to pay PONS Mediation invoices within seven days of the mediation taking place.

  • A Company Director’s written personal guarantee to pay PONS Mediation invoices within seven days of the mediation taking place.

  • Payment by Debit, VISA or MasterCard up to 48 hours prior to the mediation.

  • In some circumstances, payment by cheque on the day of the mediation will be accepted

  1. Failure to agree on one of these payment methods at least two working days prior to the mediation will result in the mediation being cancelled and the parties incurring 100 per cent cancellation charges. The party failing to agree terms shall be responsible for payment of the cancellation fee in full. Should additional parties to the mediation fail to agree on payment, the cancellation charge will be shared equally between them.

  2. Where an invoice is issued to and payable by the solicitors’ firm instructed by a party, settlement of those invoices is not conditional on them being in funds from their clients. The same applies to invoices issued to mediation providers.

  3. Where invoices are issued to parties (as opposed to their solicitors) the solicitors for each party undertake to meet any default in payment by their respective clients within 7 working days of a written request.

  4. Unless a party is acting in person, invoices will be addressed to and payable by the solicitors or other lead advisers of each party with whom arrangements are made for the mediation.

All fees are exclusive of VAT.