The costs specified below refer to mediation procedures managed by CMed-ABPI:
Amount | |
Initial Administration Fee (1) | R$ 3,500 |
Additional first meeting fee (2) | R$ 900 (per hour) |
Half-yearly administration fee (3) | R$ 1,350 (half-yearly) |
CMed-ABPI mediator fee (4) | R$ 900 (per hour, per professional(5)) |
External (non-CMed-ABPI) mediator fee | Hourly rate charged by mediator |
Expenses fund (6) | R$ 750 (suggested figure) |
The costs specified below refer to mediation procedures managed by CMed-ABPI for cases involving Franchise:
Amount | |
Initial Administration Fee (1) | R$ 2,380 |
Additional first meeting fee (2) | R$ 765 (per hour) |
Half-yearly administration fee (3) | R$ 918 (half-yearly) |
CMed-ABPI mediator fee (4) | R$ 765 (per hour, per professional(5)) |
External (non-CMed-ABPI) mediator fee | Hourly rate charged by mediator |
Expenses fund (6) | R$ 750 (suggested figure) |
(1) The Initial Administration Fee is due once the procedure has been requested and shall be paid in full by Party seeking mediation. The Initial Administration Fee is non-compensable and non-reimbursable. This fee includes initial administration and meetings prior to signing the Agreement to Mediate, up to a limit of 2 (two) hours.
(2) The additional first meeting fee is due once 2 (two) hours of meetings prior to signing the Agreement to Mediate have lapsed, should Parties require more time and fresh meetings for signing the Agreement to Mediate. This fee is non-compensable and non-reimbursable. Payment of this fee shall be equally apportioned to Parties, unless provided for otherwise.
(3) The half-yearly administration fee is due following the signing of the Agreement to Mediate the procedure and for as long as it remains pending. Payment of this fee shall be equally apportioned to Parties every six months, unless provided for otherwise in the Agreement to Mediate.
Should Parties opt for an external (non-CMed-ABPI) mediator and/or non-ABPI member, then the half-yearly administration fee shall correspond to double the amount specified herein.
The administration fee is non-compensable and non-reimbursable and shall be due every six months, regardless of the number of months effectively used.
(4) Mediator fees shall be paid in equal parts by Parties or as stipulated in the Agreement to Mediate, the professional being assured a minimum of 10 (ten) hours under the terms of Art. 9.3 of the CMed-ABPI Regulations.
(5) The Mediator fee amount corresponds to the hour of work per professional, and shall always be paid for in advance by Parties. Should mediation be conducted by more than one Mediator, then the hours shall be computed reflecting the number of professionals designated to act in the case.
(6) An expenses fund shall be set up in favor of CMed-ABPI equally by Parties, or as stipulated in the Agreement to Mediate, such that any expenses incurred by the Mediator(s) and by CMed-ABPI on account of the procedure in course, such as photocopying, mail, translation, travel costs, trips, etc. shall be deducted from this amount.
Should the mediation meetings be conducted at a place other than ABPI units or if, on account of his or her domicile, the Mediator has to travel, then Parties shall also pay in advance expenses relating to accommodation, travel, rental of installations, meals and any other related costs.
Accountability and Reimbursement
Once mediation has been completed, CMed-ABPI shall render accounts to Parties of the amounts paid, requesting supplementary funds, if applicable, or refunding any outstanding balance.
In the event that the mediation procedure is interrupted, CMed-ABPI shall reimburse Parties with any amounts paid in advance, subject to reimbursement in accordance with this table, specifically any hours that exceed minimum hours and not worked by the Mediator(s) and any balance constituted as expenditure advances.
Any reimbursement or charge shall follow the same proportion of payments stipulated in the Agreement to Mediate.
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