Costs of mediation

Costs of mediation

The costs of NAI mediation consist of (i) administration fees and (ii) the mediator’s fee. Unless otherwise agreed, the costs of counsel, experts and other advisers engaged by a party shall be borne by that party.

Administration costs

The NAI administration fees depend on the (underlying) financial interest of the claims and are charged according to the scale below.

Financial interest	Administration fees (€) excl. VAT
€0 – €1,000,000	€ 1,500
€1,000,000 – €5,000,000	€ 3,000
€5,000,000 – €10,000,000	€6,000
€10,000,000 >	€12,000

If not all points of dispute are settled in the Mediation and a party commences Arbitration in accordance with the Arbitration Rules of the NAI, the Secretariat will deduct the administration fees paid in the Mediation from the administration fees due in Arbitration. The same applies if, during the Mediation, the parties wish to have a point of dispute settled by way of NAI emergency arbitration, NAI binding advice or NAI Expedited arbitration, or if one of the parties initiates NAI Expedited arbitration in connection with the settlement agreement concluded in the Mediation.

Mediator fees

The Mediator’s fee is determined by the responsible member of the NAI Case Management Committee, taking into account the rates set out in Appendix B of the Mediation Regulations. The current basic hourly rate is €375 (excluding VAT). In special cases, the responsible member of the NAI Case Management Committee may deviate from this hourly rate after consultation with the parties and the Mediator.