IV.1 The Chamber shall maintain a table containing the Registration, Administration and Mediator’s fee, from which the terms may be periodically revised. Each one of the Chamber`s thematic sector has its specificity and consequently their own fee table which will be presented to the parties during pre-mediation. An indicative table is available on our website.
IV.2 Unless otherwise agreed with the parties or according to the Chamber’s liberality, the registration fee will be proportional to the complexity of the case – which will be analyzed during pre-mediation – and will be detailed on the Mediation Service Proposal. Parties shall come to an agreement regarding the Registration’s Fee fair apportionment, before mediation starts.
IV.3 The Administration fee shall be monthly paid by the parties, including the fee regarding the third hour concerning the pre-mediation session (when existent), taking in consideration all of the initial evaluation, complexity analysis.
IV.4 The Mediator`s fees shall be set in accordance to the case complexity, which shall be defined by objective criteria, such as: number of parties involved (direct and indirectly), ongoing time of the dispute, level of conflict escalation (history and intensity), existence of judicial court or arbitration procedures, technical issues and values involved.
IV.5 After the presentation session (pre-mediation meeting), the parties will receive, to their analysis, a Mediation Service Proposal, which regards (i) indication of a pair of mediators and their qualifications; (ii) preliminary timetable agreements and (iii) costs – rectifying or ratifying previously presented fees considering the preliminary mediation form presented in the pre-mediation meeting.
IV.6 The Parties shall come to an agreement regarding the Registration, Administration and Mediator’s fee fair apportionment. In case one of the parties is unable of paying them, the other part may undertake payment in order to keep the Mediation procedure. If there is a fifteen-day absence of payment regarding any one of the mediation fees, the Mediation procedure may be suspended. If keeping the default after thirty days, the Mediation procedure will be ended.
IV.7 The Mediator`s fees will be based on the hours spent in conducting mediation sessions as well as in the preparation needed. Unless cancelation is notified with at least twenty-four-hour advance (considering working days), there will be charging for the scheduled meetings – Administration and mediator`s fee – even if there is a no-show of the parties. Hours spent answering phone calls and/or e-mails will also be charge under consensual definition with the parties. In exceptional cases, the compensation spent in meetings’ preparation and analysis may also be considered and agreed with the parties’ trough consensual deliberation.
IV.8 There are no fees regarding pre-mediation session, when this is unique and up to two hours long. However, in commercial or corporate nature mediations, the hours spent in the presentation session will be charged whenever the dispute arises from a contractual mediation clause, or when the parties formally agree with it, despite the absence of such clause.
IV.9 To the Mediator’s fees – which are usually defined by the criteria of mediation-hour assigned by the parties – may be set a fixed-value, through percentage incidence over the estimated value regarding the dispute, or other criteria, that shall always be previously adjusted with the parties.
IV.10 Unless otherwise agreed with the parties, on the occasion of the acceptance of the Service mediation proposal, and before the first mediation session, the parties shall undertake payment related to the registration and administration fees for an amount equivalent with a five hour workload (for mediation cases with low or medium complexity) or 10 hour workload (for cases with high complexity). In case there is a no-show on the first mediation meeting and the procedure gets discontinued, the amount regarding mediator’s fees will be returned. If the charging is hourly-based, the parties shall deposit within a minimum of forty-eight ours advance, the amounts regarding the estimated time for the meetings, as well as any complementary sums related to past meetings. A working load report will be monthly sent to the parties, by the Chamber’s secretariat.
IV.11 For meetings occurring out of the city of Rio de Janeiro, there will be an increased value concerning the mediator’s travel time (door to door) under the proportion by fifty per cent of the negotiated fee, as well as, expenses costs regarding transportation, accommodation and food.
The amount concerning the expenses above mentioned will be presented by the chamber’s secretariat by means of an estimate and shall be anticipated by the parties every time traveling is needed, within a ten days advance period. The mediator’s will, then, justify the values by presenting the respective vouchers. However, any adjustments (for more or less) will be monthly made by the parties, based on the monthly report presented by the chamber’s secretariat.
In cases when the expenses involve a taxable income, the respective tax burden shall be added to the value of the expenses. The Chamber may also suggest a prior deposit in form of advance expenditure, which will also be taken in consideration on the monthly balance.
IV.12 Regardless if the fees concern a fixed-amount or a percentage over the estimated value of the dispute; payment shall occur in a quantity and periodicity of installments, which corresponds to the estimated duration of the procedure, provided in the Agreement to Participate in Mediation. The first installment shall correspond to no less than fifty per cent of the fixed-amount or over the estimated percentage of the dispute.
IV.13 Regardless of the reason why the procedure was ended, the Chamber´s office will be accountable to the parties, as provided below, in topic VII.