Mediation fees
The New Zealand Dispute Resolution Centre provides a fully administered Mediation service. To ensure that the cost of Mediation is proportionate to the amount in dispute, our Fees are based on the amount at issue.
Preliminary payment
The Fees and Expenses for the New Zealand Dispute Resolution Centre’s mediation services may alter from time to time, and are those that appear on this website at the time the Application for Mediation is made.
A Preliminary Payment must be made to the New Zealand Dispute Resolution Centre either before or immediately after the submission of the Application for Mediation. The Preliminary Payment is a payment toward the Mediation Fee, to be calculated in accordance with the Applicant’s reasonable estimate of the aggregate amount in dispute (including GST), excluding interest and costs.*
The amount of the Preliminary Payment to be paid as security for the Mediation, and the rates for additional Mediation time over and above a period of 8.0 hours on any given Day are as follows. All figures exclude GST:
Value of Dispute | Preliminary Payment: includes cost of mediation up to 8.0 hours per Day | Additional time: Hourly rate for time beyond 8.0 hours on any Day |
|---|---|---|
< $100,000 | $8,500 | $550 |
$100,000 < $ 250,000 | $9,250 | $600 |
$250,000 < $ 500,000 | $10,000 | $650 |
$500,000 < $ 1 million | $10,750 | $700 |
≥ $1 million | $11,500 | $750 |
Rights and obligations dispute | $10,000 | $650 |
*Interest is not taken into account unless the interest claimed exceeds the aggregate principal amount, in which case the Mediation Fee will be calculated on the value of the interest claimed alone.
All Expenses incurred by the New Zealand Dispute Resolution Centre in relation to the Mediation are additional to the Preliminary Payment and are charged at cost. Such Expenses may include for example, travel costs and accommodation, room and equipment hire, and refreshments.
No administrative or procedural steps will be taken by the New Zealand Dispute Resolution Centre in relation to the appointment of a Mediator until the Preliminary Payment has been paid in full.
The Preliminary Payment includes all advance preparation time and attendances by the Mediator at a Mediation session for one Day or part Day (a Day is defined as the 8.0-hour period between 9.00am and 5.00pm on any given Day of the year). Any extra time required for attendances on the duties of the Mediation beyond 8.0 hours on any one Day is charged on an hourly basis. The Preliminary Payment also includes a non-refundable administration fee of $1,250 plus GST which is payable in full, whether or not the claim is settled, or the Mediation Agreement is withdrawn by the Parties, or a Settlement Agreement is made prior to the Mediation.
The Preliminary Payment does not include the usage, hire, and cost of facilities and support services for or in connection with the Mediation, which is payable in addition.
Supplementary advances - disbursements
Prior to the first Mediation session, the New Zealand Dispute Resolution Centre may request a supplementary advance from the Parties towards the expected Fees and Expenses of the Mediation, including the Mediation Fees where it is anticipated that more than one Day of Mediation will be required, and/or to meet travel costs, accommodation, and venue hire.
During the course of the Mediation, the New Zealand Dispute Resolution Centre may from time to time request one or several further supplementary, interim, and/or final advances and deposits from the Parties towards the Fees or Expenses of the Mediation, incurred or to be incurred on behalf of, or for the benefit of, the Parties. All such advances are to be paid into the trust account of the New Zealand Dispute Resolution Centre on demand.
Any interest which may accrue on such deposits will be retained by the New Zealand Dispute Resolution Centre as its own property.
If any required deposit or advance is not paid in full within three Days after receipt of the request, the Registrar will so inform the Parties in order that one or another of them may make the required payment. If payment is not made within a further three Days, the Registrar may order the suspension or termination of the Mediation.
As soon as practicable after the Mediation is concluded, the New Zealand Dispute Resolution Centre will render a final statement of accounting to the Parties and will reimburse any unexpended balance of the security monies to the Parties in the proportions paid by each Party, unless otherwise directed by the Parties within five days.
When is payment required?
The Preliminary Payment must be paid to the New Zealand Dispute Resolution Centre either before or immediately after submission of the Application for Mediation.
A Supplementary Payment is required to be paid at least five Days prior to the first scheduled Mediation session, this is towards the expected Fees and Expenses of the Mediation, including Mediation Fees where more than one Day is anticipated to be required, and/or to meet Expenses incurred or to be incurred on behalf of, or for the benefit of, the Parties.
A Further Supplementary Payment will be required to be paid if the Fees and Expenses payable in relation to the Mediation are or anticipated to be greater than the security held.
The Parties must pay any Supplementary Payment or further Supplementary Payment within three Days of receipt of notification by the New Zealand Dispute Resolution Centre of such additional Fees and Expenses.
The New Zealand Dispute Resolution Centre will generally require payment of all Fees and Expenses in advance of delivery of the Mediation services. No administrative or procedural steps will be taken by the New Zealand Dispute Resolution Centre or the Mediator while any payment is outstanding under these Rules.
Liability for payment
The Parties may make any arrangements as between them for payment of the Mediation Fees and Expenses.
However, despite any agreement between them, the Parties are at all times jointly and severally liable for the Mediation Fees and Expenses, together with any additional costs incurred by the New Zealand Dispute Resolution Centre in recovering any overdue monies on a full indemnity basis.
Methods of payment
Payment of all the New Zealand Dispute Resolution Centre Fees and Expenses may be made by direct credit, bank transfer, or by credit card (Visa and MasterCard only). For all credit card payments, a merchant transaction fee of currently 2.95% is payable in addition to the published the New Zealand Dispute Resolution Centre Fee.
All Fees, Expenses, and costs related to the Mediation will be invoiced in New Zealand dollars, but may be paid in other convertible currencies at rates prevailing at the time of payment, provided that any transfer and/or currency exchange charges must be borne by the payer.
Cancellation fees
Where a party notifies the New Zealand Dispute Resolution Centre in writing that a scheduled Mediation session is to be vacated, (whether or not the dispute between the Parties has been settled, or the Mediation session is adjourned by agreement, or the Application for Mediation is withdrawn or terminated by the Parties or the Mediator for any reason whatsoever), and the notice is received by the New Zealand Dispute Resolution Centre (or the termination is made) during ordinary business hours between ten and six Days from and including the date of the scheduled Mediation session, the new may charge a Cancellation Fee in the amount of 50% of the Mediation daily rate for the entire period of time set aside for attendances on the Mediation.
If such notice is received, (or termination is made), five Days or less from and including the date of the scheduled Mediation session, the New Zealand Dispute Resolution Centre may charge a Cancellation Fee in the amount of 75% of the Mediation daily rate for the entire period of time set aside for attendances on the Mediation.
If the dispute is settled, or the Mediation Agreement is withdrawn by the Parties, the Mediation Fees and Expenses incurred prior to that date, including all Cancellation Fees, will be deducted from the amount paid as security for the Mediation.
The balance of the security monies will be refunded to the Parties in the proportions in which the security payment has been made, unless the Parties agree otherwise and instruct the New Zealand Dispute Resolution Centre accordingly in writing within five Days of notice of settlement or withdrawal of the Mediation Agreement.
If the Mediation Fees and Expenses are greater than the amount held as security, the Parties must pay the balance within three Days of receipt of notification by the New Zealand Dispute Resolution Centre of such additional Fees and Expenses.