Mediation
Mediation is a flexible and cost-effective form of dispute resolution. In mediation, the parties are assisted by an independent third party to resolve their dispute in a well considered and legally sound way.
A lot can happen in a contractual relationship and sometimes conflicts arise that need to be resolved.
Disagreement between two parties to a commercial agreement can be costly and jeopardise ongoing projects and deliveries, but it can also damage an important business relationship. To deal with this situation, the SCC Arbitration Institute has developed rules for mediation intended to facilitate the constructive and efficient handling of commercial disputes.
The foundation of mediation is that the parties agree that the dispute will be resolved using a mediator. This form of agreement may be included in the business contract as a dispute resolution clause, but it is not necessary as long as the parties agree that mediation will take place in accordance with the mediation rules.
Advantages of choosing mediation under the SCC rules:
- Maintain the relationship
Mediation promotes both the business relationship and business benefits.
- Control over the process
The mediation results in a decision that the parties have worked out together.
- Fast
The mediation proceedings may be completed in one or two working days.
- Flexible
The parties can actively influence the process.
- Confidentiality
Mediation is always confidential.
- Enforceable
Under the SCC rules, the parties may appoint the mediator as arbitrator and request that they establish the settlement agreement in an arbitral award.
Cost calculator
What does it cost?
The costs consist of the fee to the arbitrators/mediator, the administrative fee of the SCC and any expenses incurred.
The SCC determines the costs based on the amount in dispute, which is the total value of all claims, counterclaims and set-offs. This means that the parties often can anticipate the arbitration costs. Use the calculator to estimate such costs.
When the amount in dispute exceeds EUR 100,000,000 the SCC Board determines the Advance on Costs based on a case by case analysis.
Conditions | |
| The amount in dispute: | € |
| Number of arbitrators: | |
Chairperson's fee | |
| Minimum | € |
| Median | € |
| Maximum | € |
Advance on Costs (excl. VAT) | |
| The fee to the arbitral tribunal (median) | € excl. VAT |
| Administrative fee of the SCC | € excl. VAT |
| Expenses (estimate) | € excl. VAT |
| Total | € excl. VAT |
Conditions | |
| The amount in dispute: | € |
| Number of arbitrators: | |
Chairperson's fee | |
| Minimum | € |
| Median | € |
| Maximum | € |
The fee to the arbitral tribunal (median) | |
| Chairperson | € |
| Co-arbitrator * | € |
| Co-arbitrator * | € |
Advance on Costs (excl. VAT) | |
| The fee to the arbitral tribunal (median) | € excl. VAT |
| Administrative fee of the SCC | € excl. VAT |
| Expenses (estimate) | € excl. VAT |
| Total | € excl. VAT |
*Each co-arbitrator shall receive 60% of the chairpersons fee. After consultation with the tribunal, the Board may decide that another rate shall apply. | |
Conditions | |
| The amount in dispute | € |
Fee of the Mediator | |
| Fee* | € |
Advance on Costs (excl. VAT) | |
| Administrative fee of the SCC | € excl. VAT |
| Expenses (estimate) | € excl. VAT |
| Total | € excl. VAT |
*The mediator's fees equivalent to EUR 4,000 for the preparation of the case and EUR 4,000 for each day of mediation. The mediator's fees shown in the table above are calculated from a one-day mediation. | |
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The fee of the arbitrator and other costs are determined by the Board when the amount in dispute exceeds this amount. Contact us for cost estimates.