309 tal-2008 - Regolamenti tal-2008 dwar Tariffa ta’ Driitijiet skond l-Att dwar il-Medjazzjoni

L.N. 309 of 2008

MEDIATION ACT

(CAP. 474)

Mediation Act (Tariff of Fees) Regulations, 2008

BY VIRTUE of the powers conferred by articles 15 and 30 of

the Mediation Act (Cap. 474), the Minister responsible for justice,

after consultation with the Malta Mediation Centre, has made the

following regulations:-

(1) The title of these regulations is the Mediation Act Citation and

coming into

(Tariff of Fees) Regulations, 2008.

force.

(2) These regulations shall come into force on the 1st

December, 2008.

A non-refundable fee, hereinafter referred to as "the Fees payable for

registration fee" shall become payable to the Malta Mediation Centre, disputes

to Centre.

hereinafter referred to as "the Centre", for disputes referred to the

Centre. The applicable registration fees shall be as follows

(a) for disputes referred to the Centre after litigious

proceedings would have already commenced in a Court or other

adjudicatory authority, whether such dispute is referred to the

Centre by such Court or other adjudicatory authority or by the

parties to the proceedings, the applicable registration fee shall

be 50 euro;

(b) for disputes that are referred to the Centre

voluntarily by the mediation parties or according to law, the

applicable registration fees shall be as follows

(i)

for family mediations ....................... 35 euro;

(ii) for

mediations

involving

voluntary

organizations as defined by article 3 of the Voluntary Cap. 492.

Organisations Act ................................................. 35 euro;

(iii) for mediations involving any other authority,

in all cases ............................................................. 50 euro;

(iv) for disputes that do not involve a monetary

value ............................................................... 70 euro; and

(v)

for all other disputes ....................... 120 euro.

(1) The Board of Governors of the Centre shall in all

cases have the authority to determine, on the basis of the provisions

of these regulations, the registration fee payable in connection with a

particular referral for mediation.

(2) The authority granted to the Board of Governors of the

Centre according to subregulation (1) may be designated to, and

accordingly become exercisable by, the Registrar of the Centre.

(3) All registration fees shall become payable to the Centre

upon the referral being made and in any event before the

commencement of the mediation process.

Mediators shall be entitled to receive such fees, established

prior to the commencement of proceedings, from the parties to the

mediation as may be agreed in writing between the mediator and the

parties; in the absence of an agreement as aforesaid mediators shall be

entitled to a fee computed on the basis of a flat rate of 50 euro per

hour, excluding value added tax.

The registration fee due to the Centre shall be paid in

advance and the Centre shall not be obliged to appoint a mediator or

in any manner to take cognizance of any case referred to it unless full

payment of the fees has been effected.