SCHEDULE COSTS OF THE BUSINESS MEDIATION RULES

I Registration Fee

1.1 To request the institution of mediation, the party must pay the Registration Fee, currently set at R$1.500,00 (one thousand and five hundred reais), non-refundable.

 

II Administrative fee 

2.1 The Administrative fee will be due to CAMARB – Câmara de Mediação e Arbitragem Empresarial – Brasil for its services in administering the mediation procedure described in the Mediation Rules.

2.2 The amount of the Administrative fee will be defined in accordance with the estimated value of the conflict, which may be revised by the mediator(s), as per the following table:

Administrative fees (R$)
Estimated value of the conflict		Administrative fee
From 0	UNTIL 200.000	2.000
DE 200.001	UNTIL 1.000.000	5.000
DE 1.000.001	UNTIL 10.000.000	10.000
DE 10.000.001	UNTIL 50.000.000	15.000
DE 50.000.001	UNTIL 100.000.000	20.000
DE 100.000.001	-	25.000

2.1 After the pre-mediation has been carried out, if the parties agree to participate in the mediation procedure, each party must deposit half of the Administrative fee.

2.2 The amounts paid by the parties as an Administrative fee in mediation proceedings will be deducted from the amount of the Administrative fee in any subsequent arbitration proceedings, in compliance with the following:

a. when only the party requesting mediation pays the Administrative fee for the procedure, this amount will be discounted from the amount owed by it as an Administrative fee for the arbitration procedure instituted;

b. when both parties to the mediation pay the Administrative fee for the procedure, this amount will be deducted from the total amount due by the parties as an Administrative fee for the arbitration procedure initiated.

2.1.1 The use of the Administrative fee is linked to the initiation of arbitration proceedings whose object is related to the same contract and there is identity of parties.

2.1.2 If the parties jointly decide to suspend or terminate the arbitration proceedings in order to initiate a mediation proceeding, they will be exempt from paying the mediation Administrative fee, which in this case will be replaced by the arbitration Administrative fee that has already been paid. This exemption applies only to the party that is in good standing with the arbitration Administrative fee.

2.1.3 If the amount paid by the parties as an Administrative fee for the mediation procedure exceeds the amount of the Administrative fee due in the arbitration procedure, this amount will not be reimbursed to the parties, so that the discount will be applied up to the limit of the amount of the Administrative fee for the arbitration procedure.

2.1.4 The provisions of this item do not apply to fees of arbitrators, mediators or advance payments of expenses.

2.2 If it is not possible to estimate the value of the conflict, the Administrative fee will be R$15.000,00 (fifteen thousand reais).

2.3 The value of the Administrative fee considers the performance of the mediation procedure exclusively in an online format using the digital platforms made available by CAMARB.

2.6.1. If the parties decide to hold mediation session(s) in person, all other expenses necessary for the proper development of the procedure must be borne by the parties, including the advance payment of the amount necessary to reserve the physical space(s) to be used by the parties and the mediator.

 

III Mediator's Fees

3.1 The amount of the mediator(s)' fees shall be divided between all parties involved in the mediation, with the Applicant or group of Applicants bearing half of the amounts due and the Respondent or group of Respondents bearing the remainder, unless otherwise stipulated.

3.1.1 By agreeing to participate in the mediation procedure, the Parties will be notified to pay their share of the mediator(s) fees into an account indicated by CAMARB, which will be held by CAMARB as collateral for future release to the mediator(s) or refund to the parties, in accordance with the Rules and this Schedule of Costs.

3.2 The amount of the mediator(s)' fees will be defined in accordance with the estimated value of the conflict, which may be eventually reviewed by the mediator(s), as per the following table:

MEDIATOR'S FEES (R$)
Estimated value of the conflict		Mediator's Fees (per hour)
From 0	UNTIL 200.000	400,00
DE 200.001	UNTIL 1.000.000	550,00
DE 1.000.001	UNTIL 10.000.000	750,00
DE 10.000.001	UNTIL 50.000.000	900,00
DE 50.000.001	UNTIL 100.000.000	1.100,00
DE 100.000.001	-	1.250,00

3.4 If it is not possible to estimate the value of the conflict, the value of the mediator's hourly work will be R$900,00 (nine hundred reais).

3.5 The parties will be responsible for making payment for the mediator's work at a minimum level equivalent to 5 (five) hours, when the estimated value of the conflict corresponds to the range of up to 200.000, and 10 (ten) hours in other ranges, even if the mediation is concluded in a shorter time.

3.6 If the mediation is not completed at the minimum level, the parties must deposit an amount equivalent to an additional 05 (five) or 10 (ten) hours, respectively, in accordance with item 3.5, and so on until the mediation is completed.

3.7 Hours worked by the mediator(s) will be counted as those used in conducting mediation sessions, jointly or separately. The mediator(s) will be responsible for monitoring the hours worked.

3.7.1 If the parties submit written statements or documents, the hours worked by the mediator(s) to read and analyze such documents will also be counted. The hours will be monitored by the mediator(s).

3.7.2 If the parties or the mediator request that in-person mediation session(s) be held, if the mediator resides in a (any) municipality(ies) other than that in which the mediation sessions will be held, the hours used by the mediator(s) for travel will also be counted.

 

IV Other Expenses 

4.1 Any additional expenses that may be necessary, such as those related to mail, photocopies, long-distance calls, food, equipment rental and location for meetings or in-person mediation sessions, fees and travel for experts, assistants, translators and mediators are not included in the Administrative fee, and the CAMARB Secretariat may request an advance from the parties to cover these expenses.

4.2 In locations where CAMARB does not have personnel and infrastructure that can receive the parties satisfactorily, any expenses must be borne by the parties.

4.3 This Schedule of Costs comes into effect on the date of its publication and may only be changed by resolution of the CAMARB Board of Directors.