Overview · Services · Protocol & Rules · Fee Schedule · Preliminary Inquiry · Formal Application · Standard Clauses

PROFESSIONAL FEES

Hourly rates vary according to the arbitrator or mediator selected. Professional fees are charged for preparation time (reading and research); pre-hearing or other conferences (telephonic or in person); hearings; time to prepare decisions, orders and awards; and if applicable, travel time and expenses. These fees are usually shared by the Parties. Professional fees of the neutrals are billed separately from Arbitration and Mediation Fees listed below.

ARBITRATION

Arbitration and Appraisal Proceedings - Initial Filing Fees
A non-refundable initial filing fee is payable in full to The Counselors when a claim, counterclaim or additional claim is filed, based on the amount in controversy, as follows:

$0 - $100,000
  $750
$100,001 - $250,000
  $1000
$250,001 - $500,000
  $2000
$500,001 - $1,000,000
  $3500
$1,000,000 - $5,000,000
  $5000
Above $5,000,001
  Negotiated
Non Monetary Claim:
  $2500*

*This is for a claim where the parties are seeking remedies other than the payment of a monetary amount. It is not for claims where the exact amount of a monetary claim is not known. In that case, the parties will be required to state a range for the claim or pay the highest scheduled fee.

Arbitration and Appraisal Proceedings - Case Management Fees
A case management fee shall be assessed in all cases that proceed to a hearing, and will be paid in advance. It includes administration for the duration of the case; document handling (copying and faxing if necessary); coordination of contact between the parties, their representatives and the arbitrator or panel; and assistance in locating and scheduling hearing facilities, but does not include the cost of such facilities.

Panel
  Case Management Fee
Single Arbitrator:
  $100 per party per day
Three arbitrators:
  $200 per party per day

MEDIATION

Mediation - Initial Filing Fees
A non-refundable initial filing fee of $150 per party is payable in full to The Counselors when a mediation is scheduled.

Mediation - Administration Fee
An administration fee shall be assessed in all mediations in which a mediator contacts the parties and begins the process, payable in advance at the time the first call is scheduled. It includes administration through the duration of the case, including document handling (copying and faxing as necessary), and assistance as required in locating and scheduling hearing facilities, but does not include the cost of such facilities. The fee is $125 per party per day of scheduled mediation time, payable in full, in advance to The Counselors.

OTHER

Cancellation, Continuance and Other Administrative Matters
For matters cancelled twenty (20) days or more prior to a hearing or mediation session, professional fees, case management and administrative fees deposited will be refundable, except for any time incurred by the neutral. For hearings or sessions removed from the calendar inside the twenty (20) day period, case management and administration fees are non-refundable, and unused professional fees will be refunded only when and if the neutral has booked another matter for that time. In all cases involving non-refundable fees, the party causing the cancellation is responsible for the payment of all fees.

Continuance
A fee of $125 per party shall be assessed every six months for continuances approved by the panel or by agreement of the parties. If a party does not pay the fee when billed, the other party(ies) may pay the fee on its behalf, or the matter will be closed.

Other Administrative Matters
-Unused session time is not refundable.

-Fees are subject to increase or decrease if the amount of a claim or counterclaim is modified after the initial filing fee is paid.

-Receipt of payment of all fees is required prior to service of an arbitration award or to holding a mediation session.

-An advance retainer will be billed to the parties for anticipated preparation and follow up time, and at any time the amounts on deposit are deemed insufficient, additional amounts will be billed.

-All fees are due and payable upon receipt of the invoice, and payments must be received in advance of hearing or mediation sessions.

-The Counselors of Real Estate reserves the right to cancel any hearing or session if all fees are not received when due.




For more information contact The Counselors of Real Estate.

Copyright 2008 The Counselors of Real Estate