IV.1 The Chamber will maintain a Registration Fee, Administration fee and Mediators' Fees, the terms of which may be revised from time to time. Each Chamber's Thematic Sector has its specificities and the consequent Table of Costs that will be shared with those interested in Pre-mediation. An example table is available on the website.
The Registration Fee corresponds to the cost of mobilizing the Clearinghouse in relation to administrative services in the period between the initial contact made by the requesting party and the signing of the Term of Participation in Mediation by all parties involved.
IV.2 Unless otherwise negotiated with interested parties or the Chamber's liberality, the Registration Fee will be proportional to the complexity of the case, assessed in the Pre-mediation, and will continue to be identified in the Service Delivery Proposal. The parties will define the form of apportionment of the Registration Fee, when joining the Mediation.
IV.3 The Administration Fee will be paid monthly by the mediators starting, even, from the third hour of Pre-mediation, considering the initial assessment of complexity, made based on the Pre-mediation.
IV.4 Mediators' fees will be defined according to the complexity of the case, identified based on objective criteria, among which: number of parties directly and indirectly involved, time of controversy, escalation of the conflict (history and intensity), existence of legal proceedings or arbitration, technical issues, and estimated amounts involved.
IV.5 After the Presentation Session (pre-mediation), the Proposal for the Provision of Services will be sent to the parties, with a view to analysis and possible approval, which will include: (i) the suggestion of the pair of mediators, with their respective qualification; (ii) the preliminary service schedule; and (iii) the ratification or rectification of the values of the Registration Fee and the Administration Fee, possibly estimated in the course of Pre-mediation, and the Mediators' Fees (“Mediation Costs”).
IV.6 As well as the Registration Fee and the Administration Fee, the fees of the mediators will be due according to the percentage of apportionment that is defined by consensus between the parties. In the event that one of the parties is unable to pay the Registration Fee, the Administration Fee and / or the Mediators' Fees, the other party may pay the respective amount in order to keep the Mediation procedure in progress. Mediation may be suspended in the event of failure to pay any Mediation Costs for more than 15 (fifteen) days. After 30 (thirty) days without the actual payment, the Mediation will be automatically closed.
IV.7 For the calculation of the Mediators' Fees, the hours spent by the mediators in conducting joint and / or private meetings will be considered, as well as those dedicated to the eventual elaboration of minutes and minutes of agreement, according to what was negotiated with the parties. Unless canceled 24 (twenty-four) hours in advance (considering business days), there will be a charge for the hours of scheduled meetings - Administration Fee and Fees, even in the event of no-show by the mediator (s) at the meetings. The hours spent on answering calls or exchanging e-mails will be charged by consensual definition with the mediators. In exceptional cases, the remuneration for the hours spent preparing for meetings or for analyzing their performance may also be agreed.
IV.8 Due to the freedom of the Chamber, the Fees referring to the Presentation Session (pre-mediation), if unique and lasting up to two hours, may not be charged. In the case of Mediation of a commercial or corporate nature, the hours spent in the Presentation Session will be charged whenever the dispute has arisen from a contract that contains a Mediation clause, or the mediators formally agree to accept the said charge despite the absence of such clause.
IV.9 Mediators' Fees, generally defined by the Mediation hour criterion allocated by the parties, may be set at a fixed amount, by the percentage incidence on the estimated value of the dispute or other criterion, always previously adjusted with the parties.
IV.10 Unless negotiated separately with the mediators, upon acceptance of the Proposal for Provision of Mediation Services and before the first Mediation meeting, the mediators must pay the Registration and Administration Fees, as well as Fees equivalent to a workload minimum of 05 (five) hours for Mediation cases of low or medium complexity and 10 (ten) hours for Mediation cases of high or very high complexity. If there is no attendance at the first Mediation meeting and discontinuation of the procedure, the amount relating to the Fees will be returned, exclusively. In the event of an hourly charge, the mediators will deposit, with a minimum advance of 48 (forty-eight) working hours, the amounts corresponding to the estimated time for the next meeting (s), as well as any complementary amounts referring to previous meetings, unless otherwise decided. The workload report will be sent monthly by the secretary of the Chamber to the mediators.
IV.11 If the meetings take place outside the city of Rio de Janeiro, values will be added for the travel period (door to door) of the mediator, in the proportion of up to 50% (fifty percent) of the hourly fee negotiated, in addition to the cost. full expenses with transportation, accommodation and food. The amount of these expenses will be anticipated by the mediators in each situation, with a minimum advance of 10 (ten) days, after the estimate presented by the secretariat of the Chamber, and will be justified by the mediators upon presentation of the respective receipts. Any adjustments, the largest or the smallest, will be made monthly by the mediators based on a balance sheet presented by the secretary of the Chamber. In cases where the expenses are part of the taxable income, the respective tax burden will be added to the amount of the expenses. The Clearinghouse may also suggest the advance deposit of an amount in advance of expenses, which is also dealt with in the monthly balance sheet.
IV.12 In the case of fees in a fixed amount or as a percentage of the estimated amount of the dispute, payment shall be made in number and periodicity of installments corresponding to the estimated duration of the Mediation, as provided for in the Mediation Participation Term, with the first installment corresponds to a value of not less than 50% (fifty) percent of the fixed amount or the estimated percentage of the controversy.
IV.13 Mediation closed for any reason (as per item VII below), the Chamber's secretariat will report to the mediators.