Fee Schedule of Shanghai Commercial Mediation Center (Provisional)

Fee Schedule of Shanghai Commercial Mediation Center (Provisional)

(Published in October 2012, Amended in September 2020)

 

1. Principal

Commercial mediation involves a negotiation between commercial actors with the help of a neutral based on each participant’s respective interest. In principle, the parties may share the mediation costs equally or reach an agreement regarding such payment.

2. Case Management Fee

A case management fee (CNY 1000 per party) shall be paid when the parties consent to mediation. If the parties agree to the proportion of the mediation fee to be borne by each party, such agreement shall be respected. The case management fee shall not be refunded if the parties withdraw from the mediation process after having paid the case management fee.

3. Mediation Fee

The parties shall pay the mediation fee according to the following fee structure once the Mediator has been selected.

a. If the value of the amount or matter in dispute  is calculable, the mediation fee shall be calculated with reference to  such amount.  Fees will be calculated cumulatively by adding together the fees payable in respect of each stage of calculation set out below:

1. For amounts of no more than CNY 500,000, 1.5% of  such amount shall be paid as mediation fee, with a minimum fee payable of CNY 4,500;

2. For amounts of  more than CNY 500,000 but no more than CNY 1 million, 1.2% of the amount exceeding CNY 500,000 shall be paid as mediation fee;

3. For amounts of more than CNY 1 million but no more than CNY 2 million, 1% of the amount exceeding CNY 1 million shall be paid as mediation fee;

4. For amounts of more than CNY 2 million but no more than CNY 5 million, 0.9% of the amount exceeding CNY 2 million shall be paid as mediation fee;

5. For amounts of more than CNY 5 million but no more than CNY 10 million, 0.8% of the amount exceeding CNY 5 million shall be paid as mediation fee;

6. For amounts of more than CNY 10 million but no more than CNY 20 million, 0.7% of the amount exceeding CNY 10 Million shall be paid as mediation fee;

7. For amounts of more than CNY 20 million but no more than CNY 50 million, 0.6% of the amount exceeding CNY 20 million shall be paid as mediation fee.

8. For amounts exceeding CNY 50 million, 0.5% of the amount exceeding CNY 50 million shall be paid as mediation fee.

b. If the amount in question is incalculable or it is in dispute, the mediation fee shall be charged based on mediation hours.

Hours will be calculated as from the commencement of the first mediation session.

The hourly rate is CNY 5,000, with a minimum of 3 hours. For mediations longer than 3 hours, additional hours shall be calculated on an hourly basis, and time increments of less than 1 hour shall not be charged.

5. Payment of Mediation Fee

a. The parties shall pay the mediation fee no later than 5 days after the mediator has been selected or appointed. The mediation will be initiated after the mediation fee has been paid.

b. In principle, the proportion of the mediation fee shall be together  borne by the parties; if the parties otherwise agree regarding the  apportionment of the mediation fee to be borne by each party, such agreement shall be respected and set out in the settlement agreement.

c. Any parties that fail to pay their obligatory mediation fee after one party has paid shall be deemed to have repudiated the mediation, and the pre-paid mediation fee shall be refunded.

6. Other Expense

Each party shall bear other expenses that arise out of attendance at the mediation themselves.

Other expenses include but which are not limited to the hearing and investigations, shall be jointly borne by the parties subject to the parties agreement; if the parties agree otherwise regarding the proportion of the expenses to be borne by each party, such agreement shall be respected.

 

Note: Under special situations, the parties may request a  reduction of the mediation fee. The case management fee will be charged in full but the mediation fee may be reduced subject to the approval of the director of SCMC.