Our commitment to you
We value your instructions and our aim is to help you achieve your goals quickly
and effectively in an approachable and cost-efficient way.
This document sets out the terms on which we agree to act for you. You should
read it with your letter of engagement.
A. WHEN YOU INSTRUCT US
Responsibility for work
We will tell you which partner will have overall responsibility for your case,
the person who will be dealing with your case on a daily basis if this is
a different person, and their supervisor. If we have to involve other people
within the firm, for example, if your case covers a number of different areas
of law, we will tell you their names, job titles and the areas of your case
that they will deal with. We will tell you how much these people’s
services will cost you when they become involved in your case.
Conflicts of interest
We search our records to protect you from conflicts of interest. Where a conflict
arises or may arise (for example, where we find that a party to the mediation
is or has been our client), we may not be able to accept or continue your
case.
Your identity
To meet the Money Laundering Regulations 1993, we may have to ask you for information
confirming your identity and financial details.
B. OUR CHARGES
Mediation fees are payable no later than one week in advance of the mediation
as a precondition of the mediation taking place. If, for any reason, payment
is not received prior to the mediation taking place and the mediation is allowed
to proceed, this will only be done on the basis that the solicitor representing
the party undertakes to meet LDDR's invoices for the matter within seven days
of the mediation taking place. Failure to give this written undertaking at
least one working day prior to the mediation will result in the mediation being
cancelled and the party incurring 100 per cent cancellation charges for their
share of the mediation fee.
There will generally be two invoices issued:
First invoice
Flexible pricing package - mediation fee for the mediation day(s)
booked and preparation time, estimated expenses, professional support and mediator
appointment
where applicable. Please note that the first invoice can only be estimated
as the mediation and preparation time in this package is flexible.
Second invoice
Comprehensive Invoice - any additional mediation days, hours of mediation or
hours of preparation and expenses not included on the first invoice.
Postponement
Occasionally, parties may wish to postpone the mediation. If a new mediation
date is agreed with the same mediator within 14 days of notification of postponement,
cancellation provisions (see below) will not apply to this postponement.
Any subsequent postponement will incur standard cancellation provisions.
In any case, parties will be liable for any irrecoverable expenses incurred
such as venue hire charges. Parties will also be liable for any preparation
work (including pre-mediation telephone calls to the parties) which the mediator
has already completed. The preparation work will be charged at the relevant
hourly rate.
Cancellation
In the event of cancellation by either party received by LDDR in writing:
1. More than 14 days before the mediation was due to take place and after
the mediator and date have been confirmed by LDDR, LDDR will be entitled to
any irrecoverable expenses and a £175 per party charge.
2. Less than 14 days but more than 7 days before the mediation was due to
take place, LDDR will be entitled to:
·
50% of the mediation fees
·
all expenses incurred by LDDR and the mediator.
3. Less than 7 days but more than 24 hours before the mediation was due to take place, LDDR
will be entitled to:
·
75% of the mediation fees
·
all expenses incurred by LDDR and the mediator.
4. Less than 24 hours before the mediation was due to take place, LDDR will be entitled to:
·
100% of the mediation fees
·
all expenses incurred by LDDR and/or the mediator.
Preparation time
Should a party provide more documentation than can be read in their share of
the allotted preparation time (noting that the times are totals and not per
party), LDDR will bill that party for any additional hours spent by the mediator.
In the case of a joint bundle, LDDR will bill the parties in equal proportions.
Mediation day
Any hour or part thereof over the allotted mediation time will be billed at
the hourly rates in this fee schedule. Please note that the day of mediation
lasts until the mediator leaves the venue. Although settlement may be reached
in principle between the parties, it is standard practice for the mediator
to stay until the settlement agreement is written up and signed in order
to deal with any last minute hitches. A party who does not wish to continue
beyond the allotted time is able to end the process at that time.
Short notice mediations (arranged in 14 days or less)
If, due to a mediation being arranged at short notice, the mediator needs to
prepare for the mediation over a weekend or public holiday, the mediation
fee will be increased by 25%.
Late submission of documents
During the setting-up phase of the mediation, LDDR will give you a deadline
for document submissions. This will generally be between one and two weeks
prior to the date of the mediation. Should a party submit documents late
and this either substantially inconveniences the mediator or requires the
mediator to prepare over a weekend or public holiday, that party will be
charged an extra 25% in mediation fees.
Courier charges
If documents are provided late and as a result LDDR has to send these to the
mediator and/or other parties by courier, the cost of the courier will be
charged to the party or parties who provided the late submissions.
Expenses
Related expenses such as room hire, the mediator's travel expenses
etc., are not included in the above rates, and are charged
at cost.
VAT
All the fees quotes are exclusive of VAT.
Claim value
The value of the claim will be determined by either the claim or the counterclaim,
whichever is the greater. When a claim falls into two fee bands, the higher
fee will apply. Occasionally, during a mediation, a party will discuss a
claim or counterclaim that is higher than has been quoted to LDDR. In these
cases, LDDR reserves the right to invoice the relevant party/ies for the
additional charges in respect of the fee band, irrespective of any eventual
settlement figure. The party quoting the higher claim or counterclaim will
be responsible for paying the additional fee both for themselves and the
other party/ies involved in the mediation.
Extra days of mediation
Occasionally, parties do not settle a dispute within the time originally allocated.
Should parties require further mediation sessions, these should be referred
through your LDDR mediator who will make the necessary arrangements.
C. PAPERS
Confidentiality
Our partners and staff must not reveal confidential information about you or
your case to other people.
Rights
We keep all copyright and other rights to all reports and draft agreements
we produce, written advice or other materials we provide and all systems
we work out while we are acting for you. You will have the full right to
use these materials within your own organisation or on another case. If you
want to use these materials in any other way, you will need our permission.
Releasing your papers
We have the right to keep your papers until our charges and expenses have been
paid in full.
D. YOUR RESPONSIBILITIES
Information
We may ask you for information to help us with your case. You must give us
information we ask for as soon as possible, and tell us if you think it is
not complete or accurate. It is also your responsibility to carry out any
other tasks that we agree you should do. We will not be responsible for anything
that happens because you have not done something we asked you to do promptly.
This may also mean you have to pay extra charges or expenses.
Paying our charges
We expect you to pay our charges when they are due, even if you have an arrangement
with another person for payment (unless we have already agreed in writing
to contact that person for payment).
Storage
At the end of your case we will store your papers without charge for a limited
period of time which will depend on the nature of the case. We will then dispose
of them without contacting you again. Please tell us straight after your case
is completed if you want us to return your papers to you. We will not destroy
title deeds, wills, share certificates or other documents which continue to
have effect. We may charge you for getting your papers from storage and delivering
them to you, or for providing information about them.
E. PAYMENT
Terms of payment
You must pay our invoices as soon as you receive them. We may charge interest
on invoices which are not paid within 28 days from the date of the invoice.
The rate of interest will be 2% more than the base rate of Lloyds Bank Plc.
F. TERMINATION
We may refuse to continue to act for you if you do not pay our invoices on
time or make payment on account when we ask you to. We may also refuse to continue
to act for you if there are other circumstances giving us good reason to do
so (for example, where there is a conflict of interest). If we do this, you
will have to pay any charges and expenses that arise before that date, and
you will continue to be responsible for any commitments we have entered into
on your behalf. We may charge you for work which we have to carry out after
termination or because you ask us to transfer your papers to another adviser.
G. COMPLAINTS
Please let us know if you feel that we have failed to meet our own standards
or your expectations of us.
We have a complaints procedure to make sure that complaints are dealt with
quickly and at the appropriate level in our firm. If you have a complaint,
please raise it first with the person dealing with your case, their supervisor,
or the responsible partner. If you are not satisfied with the way they deal
with your complaint, please write to us and mark your envelope “For the
attention of the Senior Partner”. The Senior Partner and our Quality
Manager will consider and respond to your complaint. If you are still not satisfied,
you can refer your complaint to the Office for the Supervision of Solicitors.
Please ask us if you want their address.
Lyons Davidson Dispute Resolution (LDDR)
Bristol House, 40-56 Victoria Street, Bristol, BS1 6BY
| Telephone |
0117 904 7744 |
| Fax |
0117 904 6006 |
| E-mail |
info@lyonsdavidson.co.uk |
| DX |
7834 Bristol |
This document follows the recommendations of CEDR and is produced with their
permission.
