Terms and Conditions
The Scope of Mediation Services
- Mediation services provided by Juris are designed to resolve a dispute by using an independent, neutral mediator to facilitate an agreement through constructive negotiation.
Initiating a Mediation
- In order to initiate Mediation, a requesting party must complete the Juris online Booking Request. Juris will acknowledge receipt of the Request and arrange for the Mediator to contact the parties.
Management of the Mediation
- The Mediator will be responsible for managing the mediation and will provide the parties with such guidance and direction as is requested or needed to accomplish the same in an economic and expeditious fashion. The parties should consider how they wish to run the mediation to save costs.
The Cost of Your Mediation
- The cost of your Mediation comprises the Mediator’s Fee (plus reimbursement for any reasonable expenses) and an Administration Fee. The Mediator’s Fee will include both a hearing fee for each hearing day and hourly fees for other mediation services.
Mediator’s Fee and Expenses
- Unless otherwise agreed by the parties, all fees and expenses shall be shared equally.
- Each Mediator is an independent contractor and sets his or her own fees. These fees are quoted on the Juris website but, where the amount in issue exceeds £500,000 (€500,000 for Republic of Ireland cases), or where there are complex issues or more than three parties with divergent interests, the Mediator’s Fee will be set on an individual basis after discussion with the parties.
- The Mediator’s Fee includes two hours of preparation and a full or partial day of Mediation. If the Mediation requires additional preparation or materially exceeds a full day, additional fees will be charged at the Mediator’s hourly rate.
- The Mediator’s fees are based on a Mediation being held within 25 miles of the closest Juris office. Reasonable travel, accommodation and subsistence expenses will apply to more distant locations and will be dealt with on a case-by-case basis.
Juris Administration Fee
- The Juris Administration Fee includes:
- online booking and payment
- professional guidance and support throughout the mediation process
- use of the secure Juris server for uploading documents
- administrative support services to the mediator during the mediation process
- optional assistance with room reservations
- All invoices must be paid upon receipt by online bank transfer.
- When the Mediation is booked, Juris will issue its initial invoice for the Mediation Fee and the Administration Fee, which must be paid to secure the services of the Mediator and Juris.
- If the initial invoice is not timely paid, the Mediation may be cancelled and neither Juris nor the Mediator will accept any responsibility for any loss due to such cancellation.
- Juris may invoice the parties for any additional hourly fees and expenses during the course of the Mediation and these must also be paid upon receipt.
- Juris acts as the parties’ authorised agent in receiving, holding and paying the Mediator’s fees and the Mediator, if registered for VAT, will issue a VAT invoice to the parties directly.
Responsibility for Hearing Arrangements
- It is the parties’ responsibility to book rooms at a suitable venue for the duration of the mediation. The parties should also arrange catering for themselves and for the mediator for the duration of the hearing. The parties remain contractually responsible to the venue for rooms and catering as well as any charges incurred due to postponement or cancellation. Details of the venue should be notified to both Juris and the arbitrator at the time of booking.
Cancellation or Postponement of the Mediation
- Each party must provide prompt electronic notice of cancellation or postponement to the Mediator and Juris.
- There will be no charge for cancellation or postponement unless such cancellation or postponement occur after the Mediator has incurred billable hours or expenses for mediation related services in which case those fees and expenses shall be paid in full via online bank transfer upon receipt of the Juris invoice.
- Juris will comply in all respects with Data Protection legislation in force at the relevant time. Unless requested by the parties to do otherwise on terms acceptable to Juris, all party documents held by Juris will be destroyed 30 days following the conclusion of the mediation. Likewise, the access to the portal will be removed.
- Juris acknowledges that, in connection with the Mediation, it may become aware of information regarding the parties or their dispute that may be regarded as confidential. Juris will not release or divulge confidential information regarding the parties or their dispute, except as provided by law. This obligation is over and above the duty of confidentiality owed by the mediator.
Dispute Resolution and applicable law
- In the event of a dispute between Juris and its clients, the parties agree to submit the same to mediation and failing a mediated resolution, to submit such dispute to binding arbitration.
- Where the dispute arises from a Mediation to be pursued in Northern Ireland, the Mediator and/or Arbitrator shall be agreed by the parties and in default thereof selected by The President of The Law Society of Northern Ireland. In the event the dispute related to a Mediation to be pursued in the Republic of Ireland, the same provisions apply save that the President of the Law Society of Ireland shall have the power of appointment.
- The costs of Mediation shall be borne equally by the parties. The costs of Arbitration shall be borne similarly unless the Arbitrator’s Award specifies otherwise.
- The law governing any dispute between Juris and its clients arising from a Mediation to be pursued in Northern Ireland is the law applicable in Northern Ireland and the venue for any such disputes shall be in Belfast. The law governing any dispute between Juris and its clients arising from a Mediation to be pursued in in the Republic of Ireland is the law of the Republic of Ireland and the venue for any such dispute shall be in Dublin.