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:
|½ DAY||3 hours mediation, plus up to one hour preparation||$1,750, plus disbursements (travel-related charges, room accommodation and food and beverage, if applicable), plus HST|
|FULL DAY||7 hours mediation, plus up to one hour preparation||$3,600, plus disbursements and HST|
|ADDITIONAL TIME beyond mediation type booked (including 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||$850, plus disbursements (if applicable) plus HST, billed to the cancelling party, or as otherwise agreed by the parties|
|RESCHEDULING||$400, plus disbursements (if applicable) plus HST, billed to the cancelling party, or as otherwise agreed by the parties|
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.
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 This hybrid rate is more realistic, practical and workable than applying an arbitrary, artificial rate tethered to outdated roster guidelines imposed a quarter of a century ago and never updated thereafter.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.
CLICK to download a copy of our standard Mediation Services Agreement.