If parties wish to litigate, then the outcome may be left to a judge who may not agree with your side of the case. And, win or lose, court battles can take time (mostly your own), and can be very very costly.

Mediation, and especially business mediation, allows the parties to have a say in the outcome. The framework for mediation using BATL's services is based on a set of Mediation Rules. The Mediation Rules are made available to each party. They form the framework towards achieving solutions to disputes or disagreements. The Mediation Rules set out the terms under which the mediation process takes place. They govern what is expected of the parties to contribute towards the process. In our experience, such a framework provides the parties with a recognizeable basis on how to progress. This helps to facilitate reaching solutions.

The Mediation Rules govern matters such as: -

• the mediator's role,
• confidentiality of dealings,
• cooperation between the parties,
• "off-the-record" or "without prejudice" aspects,
• scheduling a timetable towards an end-solution,
• neutrality, impartiality and independence.

Some of the advantages of business mediation include:

• mediation gives all parties a say in reaching a settlement,
• business mediation frequently reduces costs considerably,
• business mediation is PRO-AGREEMENT, not anti-agreement,
• because the process is outside the courts, the timing of business mediation can be quicker,
• the parties can get on with their business faster, rather than having to adhere to certain restrictive practices,
• business mediation meetings often can be scheduled more easily than court attendances,
• the parties are in favour of reaching agreement, rather than involved in a long-term professional deal-wrecking programme.

Mediation depends to some extent on the co-operation of the parties using the assistance of the Mediator. Where the parties agree with the Mediator's timetable, this can reduce the timescale involved considerably. Less time implies lower costs. At a very early stage the commitment of the parties to mediation is evident from their approach to costs. In a legal dispute, despite the advice of professionals, there is generally a reasonable chance that one party could be deemed liable for the costs of the other side. There is also uncertainty as to the full extent of costs, and to the timing of any court resolution. Using BATL's Mediation Rules, the parties seek to adhere to an accepted timetable. Costs are more evident up-front, and the Mediation may be abandoned if agreement cannot be reached. So sharing costs equally, in the absence of any other agreement by the parties, tends to be a fair proposal. The up-front administration fee for entering Mediation gets a certain amount of commitment from the parties that solutions may be feasible.

The Mediation Rules deal with how costs are to be handled. This lets each side see they each may carry some responsibility to reach an acceptable outcome. Where disputes have occurred over long periods, the sense of each side accepting their own costs helps to move matters forward.

The fees are divided into two components, namely an administration fee plus a mediator's fee. The fees are calculated as follows: -

• 0.10% of the total value of each sides monetary claim up to a maximum of €10,000, and
• mediator's fees of between €300-€600 per hour, or
• a daily mediator's fee of €1,500-€3,500
• VAT is chargeable at 21% on these fees.

The Mediator's fees depend on the complexity of the claims and the issues that may be involved. Where there is no monetary claim, the administration fee is a minimum of €1,000 plus VAT for each party.

Unless the parties agree otherwise, the costs shall be borne equally by both sides. An administration fee shall apply based on BATL's schedule of fees at the date of commencement of the mediation. The administration fee shall not be refundable.

A deposit of equal amount for both sides shall be required in advance towards the cost of the mediation. Additional deposits may be required. If one party does not contribute the amount requested by BATL within 14 days, the Mediation shall be terminated. Following termination, BATL shall refund the unexpended portion, if any, of the deposits to the relevant parties.