Brick Court Chambers

Who is liable and why?

When a mediation date is booked in the mediator’s diary, he or she is then committed to that date and also to reserving a proper period of preparation time in advance of it. Where parties cancel or postpone a mediation it is rarely possible to make use of the slot reserved and virtually impossible to do so where this occurs close to the date fixed.

Our cancellation policy is designed to cope fairly with this situation.

Once a date in the diary has been fixed, all parties who then participate in the preparations for that day do so on the basis that they accept liability in equal shares for any cancellation fees that may be incurred. The cancellation fee is calculated as set out below on the basis of the daily rate quoted when the booking is made. Please note: This liability is not dependent on a mediation agreement being entered into between the parties; this often will not be signed until the day of the mediation.

If you or your clients have difficulty with this policy or wish your booking to remain provisional, then please contact Chambers and we can discuss alternative arrangements.
 

Cancellation policy

PERIOD PRIOR TO MEDIATION WHEN CANCELLATION OCCURS PERCENTAGE OF FEE PAYABLE
4-6 WEEKS 30%
3-4 WEEKS 50%
3 WEEKS - 2 WORKING DAYS 75%
1 WORKING DAY OR ON DAY OF MEDIATION 100%

a) Where a two-day mediation is booked and the second day is not ultimately used, that constitutes a cancellation of the second day for these purposes.

b) Where a mediator reasonably incurs expenses in respect of travel or accommodation prior to a mediation and these cannot be recouped after cancellation then the parties will additionally be liable for these in full.