The Mediation Fee Agreement is a crucial document used when engaging mediation services in Hong Kong, establishing the commercial relationship between mediators and their clients. This agreement is essential for professional mediators practicing under Hong Kong jurisdiction, whether operating independently or through mediation service providers. It encompasses detailed fee structures, payment terms, cancellation policies, and expense arrangements, ensuring transparency and avoiding future disputes about costs. The document must comply with the Hong Kong Mediation Ordinance (Cap. 620) and relevant professional standards, particularly those set by the Hong Kong Mediation Accreditation Association Limited (HKMAAL). It's typically used at the commencement of any mediation engagement and serves as a binding contract protecting both the mediator's commercial interests and the client's rights.
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1. Parties: Identification of the mediator and the client(s) entering into the fee agreement
2. Background: Brief context of the mediation service being provided and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including 'Mediation', 'Services', 'Fees', 'Disbursements'
4. Appointment: Formal appointment of the mediator and scope of services
5. Mediator's Fees: Detailed fee structure, hourly rates, minimum charges, and payment terms
6. Disbursements and Additional Costs: Overview of additional costs such as venue hire, travel expenses, administrative support
7. Payment Terms: Timeline for payments, deposit requirements, invoicing procedures
8. Cancellation Policy: Terms regarding cancellation notices and associated fees
9. Confidentiality: Obligations regarding confidentiality of the mediation process and fee arrangements
10. Termination: Circumstances and procedures for terminating the fee agreement
11. Governing Law: Specification of Hong Kong law as governing law and jurisdiction
1. Multiple Party Cost Sharing: Required when multiple parties are sharing the mediation costs - specifies cost allocation
2. Insurance and Liability: Optional section detailing professional indemnity insurance and limitation of liability
3. Virtual Mediation Provisions: Required when online mediation services may be provided, including technical requirements and associated costs
4. Mediator's Qualifications: Optional section highlighting mediator's credentials and experience
5. Co-Mediation Arrangements: Required when more than one mediator is involved, detailing fee sharing and responsibilities
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, rates, and charges
2. Schedule 2 - Services Description: Comprehensive description of mediation services to be provided
3. Schedule 3 - Terms and Conditions: Standard terms and conditions of the mediator's practice
4. Appendix A - Mediator's Credentials: Optional appendix containing mediator's qualifications and accreditations
5. Appendix B - Venue Requirements: Optional appendix detailing venue specifications and costs if applicable
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