MEDIATION ACT (TARIFF OF FEES) REGULATIONS (tariffoffees)

MEDIATION ACT (TARIFF OF FEES)

SUBSIDIARY LEGISLATION 474.01

MEDIATION ACT (TARIFF OF FEES)

REGULATIONS

1st December, 2008 *

LEGAL NOTICE 309 of 2008, as amended by Legal Notice 365 of 2020

and Act XXIV of 2021.

The title of these regulations is the Mediation Act (Tariff

of Fees) Regulations.

A fee, hereinafter referred to as "the registration fee" shall

become payable to the Malta Mediation 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 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 sub-regulation (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.

*see regulation 1(2) of these Regulations, as originally promulgated.

MEDIATION ACT (TARIFF OF FEES)

(1) Mediators shall be entitled to receive such fees for

services rendered for conducting mediation sessions between the

parties, as agreed in writing between the parties and the mediator

prior to the commencement of proceedings.

(2) Mediators nominated in accordance with article 34(3) of the

Mediation Act shall be entitled to receive 50 euro (€50) per session,

exclusive of value added tax, which payment shall be paid by the

Centre.

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.

In cases where agreement in full has been reached as a result

of the mediation, the parties shall be entitled to a refund amounting to

half of the applicable filing fees.