BCLM is an agreed private process ( Rules for mediation / arbitration within parameters set by Rule 70 of the Uniform Rules of Court dated 26 June 2009)).
We provide both parties an opportunity to address their views within well-established rules and legal precedent.
BCLM provides the infrastructure and the necessary expertise to facilitate the process.
The goal is to resolve disputes between paying parties without having to approach the court for assistance.
BCLM members have more than 75 years of experience in the legal costs field.
Our aim is to settle all legal costs disputes by way of mediation and only referring a matter to arbitration / taxation when mediation has failed.
We provides opinions on legal costs issues and assessments on bills of costs with the aim of settling a dispute or to provide guidance on the process to be followed.
ADR has become the preferred method of resolving disputes outside of the traditional court environment and most agreements, nowadays, provide for disputes to be referred to ADR before approaching a court regarding litigious matters. The BLCM now provides for ADR to be applied to the legal costs aspect of the matter as well.
BLCM provides a neutral platform and physical venue for parties to resolve disputes relating to the taxation of bills of costs.
BLCM provides a forum with competent and experienced Legal Costs Mediators and Assessors to assist parties in resolving their legal costs disputes.
Parties may enter into Legal Costs Mediation or Legal Costs Assessments. The former being a guidance between parties by a Legal Costs Expert/Mediator and the latter being a more formal costs determination by a Legal Costs Expert/Assessor.
An agreement must be entered into between the parties to accept any rulings made by the assessor in a formal assessment of costs.
When entering into mediation the parties need to be open-minded in order to be guided by the mediator to reach an amicable agreement regarding the legal costs.
The allocatur in both the formal assessment and the mediation process, will then be presented to the Taxing Master of the relevant court, who will sign such allocatur as settled between the parties.
BLCM provides a neutral platform and physical venue for parties to resolve disputes relating to the taxation of bills of costs and a forum with competent and experienced Legal Costs Mediators and Assessors to assist parties in resolving their legal costs disputes.
Read More ...Posted by Matthys Lourens on Wednesday, May 16, 2018 Views: 1081