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Mediator Fees & Success Fees: Mediation Ethics and the IMI Draft Code
Can a mediator charge a fee based on whether a mediation settles—or on the amount of the settlement? This episode explores the growing debate over outcome-contingent mediator fees, with a particular focus on the IMI Draft Code of Conduct (2025) and its proposed prohibition on fees linked to mediation outcomes.
We examine how mediator fee rules differ across jurisdictions, including the United States, Europe, India, UAE, China, Australia, and international institutions such as ICC and WIPO. The episode also considers the ethical concerns surrounding mediator neutrality, conflicts of interest…
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