Clause 45 of the Horticulture Code, provides that parties must pay for their own costs of attending the mediation and are equally liable for the “costs of the mediation” (unless they agree otherwise).

Costs of the mediation include all reasonable costs associated with the carrying out of the mediation, such as:

  • the cost of the mediator
  • the cost of room hire
  • the cost of any additional assistance (say of expert reports) agreed by both parties to be necessary to conduct the mediation.

The Mediator’s fees are charged at $330 per hour and each party pays half that fee.