Nigel Waddington
Terms & Conditions
1. These terms and conditions must be read in conjunction with the Mediation Agreement sent to the parties and are incorporated into that Agreement. In the event of any conflict between these terms and conditions and the Mediation Agreement the latter shall prevail.
2. I undertake work in my capacity as an accredited and registered mediator, and not in any capacity as a practising barrister at Lamb Chambers, Temple.
3. Content on my website is for general information only and does not constitute professional advice. Visitors should obtain personal legal advice in respect of any dispute they wish to resolve. Nothing communicated through my website shall be the basis for any professional duty or relationship.
Liability for the mediation fees
4. Unless the parties agree otherwise, they shall each be charged and be liable for half of my mediation fee and any other expenses.
5. Responsibility for payment of the fee and expenses will rest with the legal representatives where instructed, or with the individual party if unrepresented.
6. Unless agreed otherwise, the mediation fee shall be calculated by reference to the combined value of the claim and any cross or counterclaims plus interest and costs to date of the main mediation meeting. This figure shall be notified to me before the date of the main mediation meeting. If, during a mediation, it becomes apparent that the combined value of the claim and any cross or counterclaims plus interest and costs is higher than the amount notified, I reserve the right to invoice the parties for any additional mediation fees payable.
Fees payable in the event of cancellations
The following charges are payable. If the mediation is:
1. postponed but re-booked within 4 weeks, only irrecoverable expenses such as venue cancellation fees or travel costs already incurred will be charged.
2. cancelled more than 7 clear working days before it is due to take place, there will be no cancellation fee, except for irrecoverable expenses (e.g. venue cancellation fees) and charges for my preparation time.
3. cancelled less than 7 clear working days before it is due to be held and not rebooked within 4 weeks, 100 per cent of the Deposit invoice will be payable (see below) and any irrecoverable expenses (e.g. venue cancellation fees).
4. For the above purposes, preparation time is charged at the hourly rate shown in the Mediation Agreement.
Invoicing
5. Two invoices will generally be issued.
a) A Deposit invoice for either a fixed fee or for a fee agreed by reference to the value of the claim plus any venue costs.
b) A Balance invoice for any additional time in preparation or mediation or venue fees if not previously invoiced.
6. The Deposit Invoice is payable within 7 working days of receipt. In cases where it is issued within 7 working days prior to mediation, it is payable on receipt as a precondition to the mediation taking place.
7. In respect of (6) above, where a Deposit Invoice is not settled in full prior to the mediation, the mediation may be allowed 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 2 days of the date of the mediation.
8. All other invoices (including the Balance Invoice) are payable in full within 7 days of the date of issue, unless agreement is reached to the contrary.
9. In respect of the above time limits for payment, Saturdays, Sundays and Bank Holidays do not count as working days. When calculating clear working days, the day on which the mediation is cancelled and the day on which the mediation was scheduled to take place, are excluded.
10. I participate in the Fixed Fee Scheme of the Civil Mediation Council but otherwise my charges are set by reference to (a) claim values and (b) your needs and budget (c) necessary expenses. My indicative rates are available on request. My charges do not include the cost of venue hire.