12th Al Jazeera Forum: Session 4 - Changing Alliances in the Region

15/16 An Analysis of Qatar’s Mediation Law No. 20 of 2021, the Mediator's Fees and Expenses

Background

Mediators can charge by the hour, the half day, the whole day, or a flat fee for the entire mediation.  Most ethics codes in the U.S. discourage a contingency fee based on the settlement value because it can compromise the mediator's impartiality towards and independence from the outcome of the mediation.  I wrote about this risk here.  In some cases, usually family law cases, the spouse with greater financial resources may agree to pay the entire fee.  In that case, the mediator must take care that he or she does not show partiality towards the fee-paying spouse. 

Mediation rosters, whether court-connected or created by private third-party providers (like AAA, JAMS, and IMI), will often list the mediator's fee schedule.  In any event, the mediator and the parties will negotiate the fee.  That fee agreement typically appears in the agreement to mediate or a separate fee agreement. Typically, the fee must be paid whether the parties reach agreement or not.  Some mediators will request a deposit on the fee.  

Most mediators charge for any time spent before and between sessions when they are reviewing pre-mediation submissions, reading documents or exhibits, or talking with the parties or their lawyers by email, text, or phone.  A mediator would also expect the parties to compensate him or her for time spent drafting, signing, copying, and filing the settlement agreement.

Parties should expect to pay any travel or lodging expenses incurred by a mediator who does not reside in the same city as the parties.  Increasingly, parties are using on-line mediation to avoid those expenses.  I wrote more about that option here. 

Sadly, fee disputes can give rise to a complaint filed against the mediator in states with robust grievance processes.  A fee dispute creates more work for the mediator and can damage his or her reputation.

Qatar Mediation Law protects mediators

Articles 11 and 21 of Qatar's Mediation Law govern a mediator's fees.  

Article 21 provides:

The mediator shall be entitled to mediation fees for performing his task.  Such fees shall be determined and the method of payment thereof by mutual consent between the parties.  The mediator shall be entitled to his agreed fees even if the parties to the dispute have not reached a settlement.

In the event of disagreement to determine the fees of the mediator, the court shall estimate them, taking into account the effort made by the mediator, according to a petition submitted by the mediator or either of the parties

The parties to the dispute shall bear all expenses required for the mediator to perform his tasks. 

This language makes the fee a matter of negotiation and gives clear recourse to a mediator seeking payment of his or her fee. 

A recusal by the mediator triggers Article 11(4).  In pertinent part, it provides: "The court may, upon ruling to recuse the mediator, determine the entitlements of such mediator, which are fees and expenses, or to redeem fees or expenses paid to him."

Next up?  Mediator misconduct.  It will be my last post on the Qatar Mediation Law.