Terms and Conditions of Business of A-Greed Mediation Limited (“agreed”)
- agreed is the trading name of A-Greed Mediation Limited, registered in England & Wales under the number (CRN: 12734902).
- A fee will be agreed with the parties by agreed in relation to the fixed fee online mediation, ½ day, 1 day mediation and bespoke mediation package (“Mediator’s Fees”). Once a date has been arranged for the mediation (“Mediation Date”), an invoice for the Mediator’s Fees will be sent to the parties and all invoices must be paid and settled in full within 7 days of the date of the invoice and by no later then 7 days prior to the Mediation Date.
- The Mediator’s Fees including other expenses such as travel, accommodation or any venue bookings in relation to the Mediation Date will be invoiced at the same time as the Mediator’s Fees and all invoices must be paid and settled in full by the parties within 7 days of the date of the invoice and by no later than 7 days prior to the Mediation Date.
- All fees quoted by agreed are exclusive of VAT.
- The Mediator’s Fees includes reasonable preparation time, pre and post mediation party contact, preparing the mediation agreement (a maximum of 2 hours work) and attendance at the Mediation Date (either ½ day, 1 day or a bespoke mediation).
- Any additional preparation time or additional time required in relation to the Mediation Date will be charged at an hourly rate of £325 plus VAT (£100 plus VAT for fixed fee online mediation) and must be agreed in advance with agreed to ensure that payment is made or secured before the Mediation Date will continue or proceed.
- agreed shall assess and agree the Mediator’s Fees in relation to all claims in excess of £1million, multiple disputes, counter claims or multiple parties before agreeing the Mediator’s Fees with the parties. Once the Mediator’s Fees have been agreed, the Mediator’s Fees will be invoiced and is payable by each of the parties.
- Failure by any of the parties to settle their invoice or to return a signed mediation agreement no later then 7 days prior to the Mediation Date may lead to the cancellation or the postponement of the Mediation Date (at the sole discretion of agreed), and a cancellation fee may apply as detailed in these Terms and Conditions of Business of agreed (see 11 below).
- If a Mediation Date has been arranged less then 7 days before the Mediation Date an agreement must be reached between the parties and agreed to ensure that payment of the Mediator’s Fees are paid and settled in full by each party or payment is secured before the Mediation Date will proceed.
- If a Mediation Date is agreed less then 7 days before the Mediation Date, agreed will accept one of the following proposals to allow the Mediation Date to proceed:
- A Solicitor’s undertaking to settle an agreed invoice in respect of the Mediator’s Fees within 7 days of the Mediation Date.
- A Company Director’s personal guarantee (in writing) to settle an agreed invoice in respect of the Mediator’s Fees within 7 days of the Mediation Date.
- Failure by one or more of the parties to reach an agreement with agreed to settle and/or to secure the Mediator’s Fees by one of the above proposals acceptable to agreed and referred to at 9(a), (i) or (ii) or some other terms acceptable to agreed at least 24 hours before the Mediation Date may result in the Mediation Date being cancelled by agreed or postponed (at the sole discretion of agreed), and the parties incurring a cancellation fee (100% of the Mediator’s Fees).
- agreed invoices will be addressed to and payable by the Solicitors acting on behalf of their respective party or to any other such advisers instructed by a party in respect of the Mediation Date (unless parties are not represented in which case the agreed invoice(s) will be addressed to the individual party directly).
- In the event that any of the parties request a cancellation of the Mediation Date within 14 days or less of the Mediation Date either in writing or verbally a cancellation fee will be charged and applied by agreed as follows:
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- cancellation of the Mediation Date within 14 days or less of the Mediation Date but more than 7 days before the Mediation Date was due to take place, agreed will be entitled to a cancellation fee of 50% of the Mediator’s Fees and other expenses such as travel, accommodation or any venue bookings in relation to the Mediation Date will be payable in full;
- cancellation of the mediation date being 7 days or less before the Mediation Date was due to take place, agreed will be entitled to a cancellation fee of 100% of the Mediator’s Fees and other expenses such as travel, accommodation or any venue bookings in relation to the Mediation Date will be payable in full.
- If any agreed invoice remains outstanding within 7 days before the Mediation Date or an agreement has not been reached between agreed and the parties as referred to at 9(a),(i) or (ii) or some other agreeable terms to secure payment, agreed will cancel the Mediation Date and the parties will incur a cancellation fee (100% of the Mediator’s Fees) .
- The parties are jointly and severally liable for the cancellation fees charged by agreed.