Search Mediators Near You:

Fee Discounts

As regular visitors to this blog will know I have, especially in the early days of writing, made a habit of posting on the nuts and bolts of mediation practice.

It has always seemed a valuable space to fill.

Like most mediators my standard mediation agreement, which I provide to parties to sign prior to the mediation, contains a cost sharing provision — where the parties each pay half of my fees. No problem so far.

Today I received an e-mail from a lawyer in a recent mediation asking me to reconsider the half share of my fee that I had invoiced his client soon after the mediation for a number of reasons – all adding up to his client having fallen on hard times.

“Hi Geoff,

Thanks for your invoice. Great work on getting us all signed up… this is a bit awkward but I need to talk to you about your fee….”

To be honest I’ve never been that focused on the level of my fees — on the basis that I believe in the long view in a small legal community like NZ – repeat lawyers need to know they can talk to me around fees in deserving cases.

But what to do about today’s request – they agreed to both share costs – can I now simply reduce one party’s share?

I think not.

Well then, reduce both shares? Well heck no! – given the other side is a well heeled corporate and has already paid.

What then?

I think the only transparent way of doing this is to go to the other side and advise of the request and see if they have a problem – if they do then I would decline the request.

Any other takes on this?

                        author

Geoff Sharp

Geoff Sharp is a Commercial Mediator from Wellington, New Zealand. Geoff works in the Asia Pacific region, including New Zealand, Malaysia, Thailand and Pacific Islands. He is a mediator resolving business problems. He is a fellow of the International Academy of Mediators and mediates complex and hotly debated litigation covering… MORE >

Featured Mediators

ad
View all

Read these next

Category

Fallacious Argument Of The Month: The False Analogy

With the aim of improving public discourse and combating sloppy thinking, I continue with the next installment of my series, Fallacious Argument of the Month. This month’s fallacious argument is...

By Diane J. Levin
Category

Living with ‘ADR’: Evolving Perceptions and Use of Mediation, Arbitration and Conflict Management in Fortune 1,000 Corporations

Originally published in 19 Harvard Negotiation Law Review 1 and Pepperdine University Legal Studies Research Paper No. 2013/16 As attorneys for the world’s most visible clients, corporate counsel played a...

By J. Ryan Lamare, Tom Stipanowich
Category

Cyberweek 2020: How to Get Started with Video Mediation

In this Cyberweek 2020 presentation, Clare Fowler and Colin Rule review how mediators can get started with online video mediation.  

By Clare Fowler, Colin Rule

Find a Mediator