Costs in Mediation and Arbitration Survey

1. What is your primary role? *

Arbitrator
Mediator
In-house counsel
External counsel (solicitor, barrister or other lawyer)
Other (please specify)

Please specify your primary role *

2. Over the past five years, and looking at those arbitrations which reached a final award, has your arbitration workload consisted of predominantly institutional or ad hoc arbitrations? *

Institutional, with the institution's administrative fees calculated on an hourly rate basis
Institutional, with the institution's administrative fees linked to the amount in dispute
Ad hoc
I have not been involved in any arbitrations reaching a final award in this period

If your workload consists of both ad hoc and institutional arbitration, please answer on the basis of your dominant workload. In the event that your workload is 50% institutional and 50% ad hoc, please respond to the survey on the basis of either institutional or ad hoc.

3. How many arbitrations from the category you selected in response to question [2] have you been involved with over the past five years that reached a final award? *

4. Within which of the following dispute value ranges (adding together both claims and counterclaims) do cases in this workload typically fall? *

Less than or equal to £1 million
Over £1 million but less than or equal to £10 million
Over £10 million but less than or equal to £50 million
Over £50 million but less than or equal to £100 million
Over £100 million but less than or equal to £250 million
Over £250 million but less than or equal to £1 billion
Over £1 billion
I have not been involved in any arbitrations reaching a final award in the survey period

Please answer this question on the basis of your responses to questions [2] and [3].

5. On average, how many months do disputes in this value range typically take to resolve (from the date of Request / Notice of Arbitration to the date of the final award)? *

Less than 6 months
More than or equal to 6 months, but less than 12 months
More than or equal to 12 months, but less than 18 months
More than or equal to 18 months, but less than 2 years
More than or equal to 2 years but less than 3 years
More than or equal to 3 years
I have not been involved in any arbitrations reaching a final award in the survey period

Please answer based on the responses you provided to the previous survey questions

6. What is the approximate average Arbitration Costs of the arbitrations in this dispute value range? (please specify currency) *

Arbitration Costs comprises (i) total fees and expenses of the tribunal and (ii) any institutional administrative fees and expenses. Please answer based on the responses you provided to the previous survey questions.

7. On average, what percentage of Overall Costs claimed do you typically see awarded to the overall winning party in these arbitrations? *

Less than or equal to 30%
More than 30% but less than or equal to 50%
More than 50% but less than or equal to 60%
More than 60% but less than or equal to 70%
More than 70% but less than or equal to 80%
More than 80% but less than 100%
100%
I have not been involved in any arbitrations reaching a final award in the survey period

Overall Costs comprises both Arbitration Costs (total fees and expenses of the tribunal and any institutional administrative fees and expenses) and Legal Costs (lawyers' fees, including counsel fees). Please answer based on the responses you provided to the previous survey questions.

8. Is simple or compound post-award interest typically awarded on the Overall Costs of these arbitrations? *

Simple
Compound
I do not typically see post-award interest awarded on Overall Costs
I have not been involved in any arbitrations reaching a final award in the survey period

Overall Costs comprises both Arbitration Costs (total fees and expenses of the tribunal and any institutional administrative fees and expenses) and Legal Costs (lawyers' fees, including counsel fees). Please answer based on the responses you provided to the previous survey questions.

9. How many mediations have you been involved with over the last five years? *

10. Within which of the following dispute value ranges (adding together both claims and counterclaims) do cases in this mediation workload typically fall? *

Less than or equal to £1 million
Over £1 million but less than or equal to £10 million
Over £10 million but less than or equal to £50 million
Over £50 million but less than or equal to £100 million
Over £100 million but less than or equal to £250 million
Over £250 million but less than or equal to £1 billion
Over £1 billion
I have not been involved in any mediations in the survey period

11. What is the approximate average Mediation Costs of the mediations in this dispute value range? *

Mediation Costs comprises (i) the mediator's fees and expenses; and (ii) the total administrative fees and expenses of any mediation provider.

12. In the event of an unsuccessful mediation (i.e. no settlement is reached), how are the Overall Costs typically dealt with by the parties? *

Parties bear their own costs
Overall Costs are treated as costs in the case to be allocated at a later date by a court or tribunal
Some other arrangement is made (please describe)
I have not been involved in any mediations in the survey period

Overall Costs comprises both the Mediation Costs (i.e. the mediator's fees and expenses and the total administrative fees and expenses of any mediation provider) and Legal Costs (lawyers' fees, including counsel fees).

Please describe the arrangement *

13. Looking back at your last successful mediation in the last five years where the settlement occurred during the course of litigation or arbitration proceedings, at what point in the proceedings did the settlement take place? *

After commencement but before pleadings
After pleadings but before document review / production
After document review / production but before witness statements
After witness statements but before the merits hearing
After the merits hearing but before judgment / award
After the judgment / award
I have not experienced a successful mediation in the course of a litigation or arbitration in the survey period

14. What percentage of Legal Costs were approximately saved as a result of your last mediation settlement, had the dispute reached judgment or award (e.g. by reference to the last prepared cost estimate or likely expected costs based on the nature of the case)? *

Less than 30% costs saved
More than 30% but less than or equal to 50% costs saved
More than 50% but less than or equal to 70% costs saved
More than 70% but less than or equal to 80% costs saved
More than 80% but less than or equal to 90% costs saved
More than 90% costs saved
I have not experienced a successful mediation in the course of a litigation or arbitration in the survey period

Snapshot Survey: Costs in Mediation and Arbitration Survey Questions