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“I would be certain to recommend you to someone else if they needed mediation because of the relaxed friendly atmosphere in which the situation could be discussed together with the provision of all the necessary information.”
“It is a ... cheaper way of achieving a settlement.”
“I would recommend you to someone else if they needed mediation because of the excellent service you provide and good value for money.”
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The Cost of Assessment Meetings
In our experience, it is always preferable if individuals interested in mediation come to discuss their options and the suitability of mediation with us at the earliest opportunity. This means you are more likely to start on the right track and keep your legal costs to a minimum. Because we would like you to come and talk to us as soon as possible about mediation, we do not charge for this type of exploratory assessment meeting.
However, we may charge if you are coming to us because you have not done so at an earlier stage and now have to because the court require you to do so before you start Court Proceedings. Meetings at this late stage are called Mediation Information and Assessment Meetings (MIAMs) and the Court expect you to comply with this assessment process under what is called the Pre Action Protocol before the Court will get involved with your dispute. You will not have to pay for the MIAMs process if you can provide satisfactory up to date evidence that you are in receipt of Income Support, Income Based Jobseekers Allowance, Income Based Employment Support Allowance or Pension Guarantee Credit.
Even if you are not in receipt of these benefits, you may not have to pay for the MIAMs process if you are eligible for legal aid (Public Funding) but we will only be able to work this out if and when you attend the actual assessment meeting. If you are not eligible for legal aid, then we will ask you - the person intending to start court proceedings - to pay a fixed fee of £100 plus VAT. This will cover our seeing both you and the other party (if willing) for separate assessment meetings and where necessary for providing the completed court form (FM1) to confirm to the court that you have complied fully with the Pre Action Protocol.
The Cost of Mediation
Mediation is totally free to those who qualify for Public Funding.You will automatically be eligible for publicly funded mediation if you are in receipt of Income Support or Income Based Job Seekers Allowance or Income Based Employment Support Allowance or Guarantee Pension Credit.
Even if you are not in receipt of these benefits, you may still be eligible for publicly funded mediation if your gross monthly income (which will include any income of a new partner with whom you are currently living) is less than £2,657. If you have more than four children, then this level is increased by £222 for each additional child. The regulations as to how the assessment is made are quite complicated and the mediator will write to you before the initial assessment meeting to make sure you bring the necessary documents so that the mediator can carry out the calculation.
If you are not eligible for Public Funding, then our hourly rate of £100 per person plus VAT will apply. The hourly rate is calculated on the time spent in the mediation sessions themselves and any other work done by the mediator in connection with the mediation, such as preparing the formal documentation that may be needed to assist the mediation. The mediator will be able to explain at the initial assessment meeting the cost structure in more detail.
However as a guide, the cost of mediation for each party might typically be along the following lines:-
If dealing with issues concerning any children, between £100 and £200 plus VAT for each session to include the preparation of a Mediation Summary setting out the issues and any joint proposals. Often only a single joint session is necessary.
If dealing with financial matters, then our aim is to help you resolve matters if at all possible in two joint sessions. After the first session, the mediator is likely to prepare a Financial Statement setting out the family's finances and a Mediation Summary identifying the points of consensus, the issues and the relevant legal questions to help you get the legal advice you need alongside the mediation. Once a settlement is reached, the mediator will prepare a Memorandum of Understanding setting out the proposals and the rationale behind the proposals so that you can check with your solicitor that the proposed settlement is in your best interests. The total cost is likely to be in the region of £600-700 plus VAT per person. There are occasions when only a single session is required - for example, when a couple have collated all the relevant information and have already worked out joint proposals but want the mediator to present the financial picture and their proposals in a clear and comprehensive way to the legal advisors- in which case the total cost of mediation is likely to be in the region of £350-500 plus VAT per person.
Where the issues cover both financial matters and issues concerning the children, then there will need to be at least two meetings and quite possibly three meetings. The cost is therefore likely to be between £700 and £900 plus VAT per person.
These figures are guidelines only and the mediator will be able to give you a more accurate estimate of the likely cost when you attend the assessment meeting which is almost always without charge (see above for exceptions).
Fees are payable at the end of each session and on the presentation of an invoice following the preparation of each document. We are more than happy to discuss other methods of payment such as standing orders, if that would help.
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Tel: 01392 678010 Fax: 01392 682775 Email: office@southwestmediation.co.uk
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