ECDR RULES ON COSTS OF MEDIATION PROCEDURE

 

Article 1

These rules regulate amount of costs and fees in mediation as a procedure of dispute resolution with administrative support of ECDR as well as terms of payment of such costs and fees.

 

Article 2

Costs of dispute resolution in mediation are:

a)   administrative costs of ECDR

b)   experts’ fees

c)    travel expenses of experts

d)   costs for taking evidence

 

Article 3

Administrative costs determined in these rules cover costs of ECDR in individual mediation procedure, namely:

-        advice on the selection of the mediation procedure,

-        obtaining the consent of the counterparty to participate in the proceedings, where appropriate

-        help in appointing experts,

-        organization of the procedural steps in the procedure,

-        all tasks related to obtaining and delivering pleadings and other materials to the parties and experts,

-        organization of oral hearings when needed,

-        to provide facilities for the procedure at the premises of ECDR,

-        communication between ECDR, experts and parties,

-        management of the appropriate file in the dispute,

-        issuing invoices for services and costs,

-        other tasks within the competence of ECDR.

 

Article 4

Unless otherwise agreed, the amount and methode of payment of administrative costs is determined by these rules.

Regardless of the value of the claim, administrative costs of mediation procedure in domestic disputes at ECDR amount to 250 EUR, and in international disputes the administrative costs amount to 500 EUR.

In the procedure with more than two parties, administrative costs increase for 10% per every additional party.

Payment of administrative costs, together with a request for mediation procedure is a procedural precondition for the procedure to be started by ECDR or experts.

Paid administrative costs of ECDR are non-refundable.   

 

Article 5

Experts’ fees in mediation procedure are uniform and determined in accordance with the value of the claim. If the value of the claim is not defined by the party or, if the value of the claim does not correspond to the claim or, if the counterparty does not agree with specified value of the claim, ECDR defines it in its sole discretion.

In case of a claim and counter-claim, the value of the claim shall be determined by adding values of both claims.

Expert’s fee is determined for individual party of the dispute. The total expert’s fee is calculated by multiplying the amount of the fee per party with the number of parties in dispute.

If the same person leads arb-med procedure as an arbitrator and a mediator, and the procedure continues as mediation before the arbitration award is issued, arbitrator’s fee is calculated in accordance with ECDR rules on costs of the arbitration procedure. The mediator’s fee as defined in the tariff of these rules shall be reduced by 33%.

All parties are obliged to pay expert’s fees, upon the invoice issued by ECDR, within three days before the start of the selected procedure of dispute resolution.

 

Article 6

The tariff for experts’ fees is, as follows:

 VALUE OF THE DISPUTE:                                       FEE FOR ONE EXPERT

Up to 2.000                                                                            400

From including 2.000 up to 5.000                                      600

From including 5.000 up to 10.000                                    750

From including 10.000 up to 15.000                                  900

From including 15.000 up to 25.000                               1.200

From including 25.000 up to 50.000                               1.700

From including 50.000 up to 100.000                             2.100

From including 100.000 up to 500.000                           3.000

From including 500.000 up to 1.000.000                        4.600

From including 1.000.000 up to 5.000.000                     8.400

Over 5.000.000                                               in the amount agreed between ECDR, expert and parties

 

In labor disputes value of the claim is defined by the party, but in disputes regarding cancellation or termination of contract of employment specified value cannot be less than 5.000 EUR. 

In disputes regarding child care and support, parental rights and responsibilities the expert’s fee per party is 500 EUR, in case of co-mediation the fee for every expert per party is 350 EUR.

In case of international or cross-border disputes fees defined in tariff increase by 20%.

In case of particularly complex and professionally challenging work, the amount of the fee may be increased by up to 100%. The decision on particularly complex and professionally challenging work is taken by ECDR in agreement with expert, before the start of the arbitration proceeding.

 

Article 7

The expert’s fee covers studying of documentation, time spend on preparation for the proceeding and conduct of the proceeding, the usual travel expenses, writing an agreement and other procedural tasks for which the expert is authorized.

 

Article 8

ECDR can in particularly justified cases, on expert’s proposal, authorize reimbursement of travel expenses in excess of the usual travel expenses. Unless otherwise agreed, in such case each party pays hall of these costs.

 

Article 9

Costs of taking evidence are costs of witnesses, experts, translation, interpretation and other necessary expenses of taking evidence. These costs are charged separately and are not included in the payment of administrative costs.

Unless otherwise agreed, the costs for taking evidence are paid in equal shares by parties upon the invoice issued by ECDR.

 

Article 10

All charged administrative costs and fees are regularly noted in the bill of costs, which is an integral part of each case file, administered by ECDR.

 

Article 11

Prices of services defined by these rules do not include VAT.