Dispute Solutions :: Conflict Resolution & Management :: Melbourne, Australia Cutting the cost of conflict
Home | Contact Us | Site Map | TSG

About Us

Costs

 

 

Jon Kenfield  LLB CA FIAMA

CEO, Dispute Solutions

Phone:  + 61 3 9645 9229 (city office)
Fax:      + 61 3 9645 9228 (city office)
Mobile:  0414  816  789

Email Jon Kenfield

 

Commercial Considerations

We are a business and we charge commercial rates for our work. 

We aren't cheap, but we are enormously cost effective - because we are efficient and because we produce excellent outcomes, quickly, with a minimum of formality.

Indicative Rates and Costs

We either charge by the hour, or by fixed fee, once we have been able to scope the assignment with reasonable accuracy.  Our hourly rates range between $100 to $400 (+ GST), depending on the selected process and dispute resolver.  Lower rates apply to community and public interest matters.  Higher rates may apply for retired judges and for very large / highly technical matters.

Example: A typical dispute, involving two parties with relatively straightforward issues, lends itself to our "standard" mediation process:

  • Initial liaison with the parties, including process explanations.
  • Preliminary Planning Meeting - approximately an hour to explain and agree process, information requirements, timetable etc.
  • Liaison with parties - usually telephone advice about process and participation issues.
  • Preparation for arbitration or mediation - review of correspondence, pleadings, position papers or other submissions;  review of supporting documents and reports;  external research etc.
  • Full day arbitration, or mediation, including drafting an arbitration award, or a written agreement acknowledging settlement at the mediation.

Total cost will be between $2,500 and $5,000 (+GST) depending on the chosen dispute resolver and the cost of room hire.  If we meet in our own offices there is no extra cost for room hire. 

Small and Uncomplicated Disputes (<$25,000)

When disputes are small (less than $25,000) and relatively uncomplicated, we offer a special expedited dispute resolution process, using either Arbitration (with hearings, or documents only), or Mediation processes.  We charge the same fixed fee for both.

The process is essentially as detailed above, and assumes limited amounts of time being required for document review and preparation.

Arbitration awards are issued within 48 hours of completion of the hearing, or review of documents (for documents only proceedings).  Memorandums of Agreement are prepared on the day, before the end of the mediation.

Short Process (1/2 day arbitration or mediation) -$1,500 + GST.

Long Process (full day arbitration or mediation) - $2,500 + GST.

Who Pays?

It is usual for the parties to agree to share the cost of the process, although they can, instead, instruct the dispute resolver to deal with costs as part of the overall dispute resolution process.

Cost Estimates - Certainty

We try to ensure that parties are as well informed as possible about their cost commitments - to avoid nasty surprises. 

We provide an estimate of likely costs before starting each process stage.  The cost estimate is comprehensive and includes all fees and facility costs, such as room hire and refreshments.  Once the amount is agreed, it is paid into our trust account before work begins.  Unless other arrangements are made, this amount is fixed and will not be increased, although refunds may be provided if the matter is cancelled, or if it concludes significantly more quickly than anticipated.

Parties are only committed to the current stage of the process and can generally stop at the end of any process stage.  (Note that this does not apply to arbitrations, or to arbitration-derived processes, nor does it apply if the parties have otherwise mutually agreed at an earlier time). 

We do try to provide estimates of total likely cost to completion, by process stages.  Note that it is notoriously difficult to estimate costs with any reliability at an early stage in a complex matter.