Management • Resolution
MEDIATION RATES
Reasonable hybrid rates and stellar service.
As set out in the standard Percival Law Mediation Agreement, unless the mediation relates to a motor vehicle accident and was requested under 258.6(1) of the Insurance Act of Ontario, in which case the mediator's fee is borne by the defending insurer(s), then the parties agree upon the mediator's fee in accordance with the following Fee Schedule, and that the mediator’s fee shall be shared equally between the parties, with each party paying their proportionate share at the end of the mediation, unless the parties agree in advance, or one party agrees at the end of the mediation, to pay the mediation fee in its entirety, including the shares of the other parties involved:
Table 1
FEE TYPE | TIME | RATE |
½ DAY | 3 HOURS mediation, plus up to one hour preparation | $1,600, plus disbursements (travel-related charges, room accommodation and food and beverage, if applicable), plus HST PLEASE NOTE: This is the base rate, NOT a fixed, flat rate (i.e., $1,600 plus HST minimum 1/2 day rate), such that the final rate charged will likely be higher -- after additional preparation/attendance time at $400 per hour is added -- but the final fee shall NOT exceed $3,600 plus HST for any 1/2 day mediation completed within the allotted 3 hour period (i.e., $3,600 plus HST maximum 1/2 day rate), plus any applicable additional rescheduling fees |
FULL DAY | 7 HOURS mediation, plus up to one hour preparation | $3,600, plus disbursements and HST PLEASE NOTE: This is the base rate, NOT a fixed, flat rate (i.e., $3,600 plus HST minimum full day rate), such that the final rate charged will likely be higher -- after additional preparation/attendance time at $400 per hour is added -- but the final fee shall NOT exceed $6,400 plus HST for any full day mediation completed within the allotted 7 hour period (i.e., $6,400 plus HST maximum full day rate), plus any applicable additional rescheduling fees |
ADDITIONAL TIME beyond base rate for mediation type booked (including base amount of preparation), if mediation runs longer than allotted time, or for subsequent after mediation efforts, if requested by the parties | Additional hourly basis, not reducible to fractions of the hour, and rounded up to the hour | $400 per hour, plus HST |
CANCELLATION OF ½ DAY MEDIATION | Within 30 days | $1,000, plus disbursements (if applicable) plus HST, billed to the cancelling party, or as otherwise agreed by the parties |
CANCELLATION OF FULL DAY MEDIATION | Within 30 days | $1,500, plus disbursements (if applicable) plus HST, billed to the cancelling party, or as otherwise agreed by the parties |
LATE RESCHEDULING OF ½ DAY MEDIATION | Within 30 days | $500, plus disbursements (if applicable) plus HST, billed to the cancelling party, or as otherwise agreed by the parties |
LATE RESCHEDULING OF FULL DAY MEDIATION | Within 30 days | $750, plus disbursements (if applicable) plus HST, billed to the cancelling party, or as otherwise agreed by the parties |
PLEASE NOTE: If a mediation is scheduled as a 1⁄2 day but not concluded within 3 hours, the mediation may continue at an hourly rate of $400 plus HST, but if the mediation runs longer than 2 extra hours, the mediation shall be treated as a full day mediation and charged at the full day rate, plus any additional time beyond 7 hours, if and as applicable. Further, if the mediation runs longer than the originally scheduled 3 hours, then the usual $3,600 plus HST maximum rate cap does not apply, and all preparation time will be billed at the rate of $400 plus HST on top of the usual $1,600 plus HST minimum rate charge.
ALSO NOTE: Effective January 1, 2023, half-day mediation services are no longer offered at an indexed roster rate. Rather, half-day mediation services are now offered at the reduced "hybrid" rate set out above: a rate that is between the roster and traditional private rates. This hybrid rate is more realistic, practical and workable than applying an arbitrary, artificial rate tethered to outdated roster guidelines imposed a quarter of a century ago and never updated thereafter. Further, after factoring in additional preparation time beyond the 30 minutes provided under the roster guidelines, this hybrid rate ends up very similar to the previous indexed roster rate in any event. To illustrate, $825 and $1,000 in 1998 converts to roughly $1,500 and $1,750, respectively, indexed for inflation to 2025.
ALSO NOTE: Unlike the roster guidelines, and the private rates of some other mediators, the base hybrid rates set out above -- as well as the late rescheduling/cancellation fees -- do not fluctuate depending on the number of parties involved in the dispute. This means that, e.g., a mediation with 5 parties will not automatically cost more than a mediation with 2 parties on account of an arbitrary and artificial variable like the number of additional parties involved. Rather, the base rate will always be the same, with the final fee charged depending on the actual time involved in preparation and attendance, specific to each mediation, up to the specified maximum rate, which, in practice, often results in a final fee charged that is less than the arbitrary private rates of, e.g., $3,500 for a 1/2 day mediation or $6,500 for a full day mediation (plus any surcharge for additional parties involved).
Mr. Percival's high success rate is largely the result of sufficient preparation (and involvement) -- without overdoing it -- to ensure that he knows each case as well as the parties do, and the mediation fee ultimately charged will reflect the extent of that preparation.
CLICK to download a copy of our standard Mediation Services Agreement.
