0800 CODR 00 (0800 2637 00) info@codr.co.nz

CODR Fee Guide (January 2017)

 

1. CODR will base the total fee on the fee estimate from the expert plus the CODR fee. A fee estimate will be provided at the time the expert is appointed. The estimates below are maximum fees and ideally the total fee will be less than those, depending on the amount in dispute, the complexity of the issue and the availability of suitable experts.

Mediation

2. The fee for a straightforward mediation lasting no more than one day, is estimated to be a maximum of $9,500 plus GST and any disbursements. For amounts in dispute of less than $100,000, a lesser maximum fee is likely, based on the amount in dispute.

  • For example, a dispute over $30,000 will involve a maximum fee of $3,000 (plus GST) which would be split between the parties ($1,500 each – plus GST).
  • Another example, a dispute over $50,000 will involve a maximum fee of $5,000 (plus GST) for a straightforward mediation through CODR. The parties will pay $2,500 each (plus GST).

3. Unless the parties agree otherwise, the fee will be payable equally between the parties (i.e. 50% between claimant and defendant).

4. The fee will be payable no later than the commencement of the mediation.

CODR Process

5. Fees relating to the CODR Process are dictated by how the dispute is ultimately resolved. If the dispute is completely resolved by agreement with no need for parties to prepare evidence or submissions on particular issues for the expert, then the fee guidelines concerning mediation apply (as set out above).

6. If the expert is required to make a determination on any issue, and the determination is made “on the papers” then the maximum fee will be 20% of the amount in dispute.

7. If the parties require a hearing on any issue remaining to be determined, then the maximum fee will be 30% of the amount in dispute.

8. Unless the parties agree otherwise the fee will be payable equally between them.

9. 10% of the amount in dispute is payable before the CODR Process commences. If the expert is not required to make a determination, then that is the only fee payable. If the expert is required to make a determination then the additional fee is payable before the decision is released.

Arbitration

10. CODR will base the total fee on the estimate provided by the expert of his or her fee, plus the CODR fee for the services provided.

11. For an expedited arbitration, proceeding as directed by the arbitrator and with a decision “on the papers” (which means no oral hearing of evidence or submissions), the maximum fee will be 20% of the amount in dispute.

  • For example, a dispute over $30,000 will involve a maximum fee of $6,000 (plus GST) which would be divided between the parties ($3,000 each – plus GST).
  • A further example, a dispute over $100,000 will involve a maximum fee of $20,000 (plus GST) for an expedited arbitration through CODR. The parties will pay a maximum of $10,000 each (plus GST).

12. For an arbitration involving an online hearing, the parties will pay a maximum of 40% of the amount in dispute (plus GST).

  • For example, a dispute over $30,000 will involve a maximum fee of $12,000 (plus GST) which would be split between the parties ($6,000 each – plus GST).
  • Another example, a dispute over $100,000 will involve a maximum fee of $40,000 (plus GST) for an arbitration through CODR with an online hearing. The parties will pay a maximum of $20,000 each (plus GST), again unless there are unusual features.

13. Unless the parties agree otherwise, the fee will be payable equally between them (i.e. 50% between claimant and defendant).

14. The fee will be payable before the arbitrator releases his or her decision.

If you have any questions either call us on 0800 CODR 00 or email us.