What is the Cost of Mediation?
When faced with a marital breakup or any other conflict that requires outside help, many couples turn to mediation for assistance. This alternative to a lengthy legal battle can save both time and money by facilitating an agreement between parties on practical matters like property division, child custody and visitation, alimony, and more. It also provides a safe, neutral place for parties to openly discuss their views on these issues in a confidential manner and can foster better communication.
The cost of mediation varies, depending on the complexity of the case and the experience of the mediator. Private mediators may charge a flat rate, an hourly rate, or a combination of both. Some charge up front deposits, while others request that both parties share the costs of the mediation in order to avoid any potential feelings that one party is getting preferential treatment. Some mediators also have additional fees for completing a written agreement or other divorce paperwork. Others might have additional charges for remote sessions, travel, or other services.
Lawsuits often require both parties to pay their own attorney’s fees, which add up quickly. A court case can cost tens of thousands of dollars or more in legal fees, plus the costs of expert witnesses such as accountants and financial specialists. Mediation can be far cheaper than a lawsuit, and even if it fails to resolve the case, the parties can still use their mediated agreement as the basis for a future settlement with their attorney.
Unlike a judge’s ruling, a mediated agreement is not subject to appeal. In addition, courts are typically overloaded, and it can take years to get a case to trial, while a negotiated settlement is usually reached in just a few hours. Mediation can also save on the emotional costs of a drawn-out legal battle.
Both parties benefit from a mediated agreement, because the mediator’s job is to help both sides find common ground and a solution that works for everyone. However, it’s important for both parties to understand that if the mediation process fails, they can always file a lawsuit and fight the issue in Court.
In many cases, a court will refer parties to mediation programs that offer free or reduced-fee sessions. This is an excellent way to cut some of the initial costs associated with the mediation process, but the mediators in these programs are generally not as experienced as a private mediator. It is therefore important to interview several qualified mediators before choosing a private mediator for your case. cost of mediation