How much does mediation cost?
How much does mediation cost?
$250 – $500 Initial fee
$100 – $500 Average cost per hour
Average cost of mediation
Mediation costs $100 to $500 per hour on average, depending on the mediator's experience and whether the mediation is private or court-ordered. Mediators also charge a $250 to $500 initial fee. The cost of a mediator is lower than hiring lawyers for litigation.
| Fee type | Average cost |
|---|---|
| Initial fee | $250 – $500 |
| Hourly rate | $100 – $500 per hour |
People often use mediation services during a divorce, custody or family law case, estate dispute, or probate court.
Mediation is a legal service used to settle disputes between two parties.
Mediators help the two parties come to an agreement but don't have any power to make decisions without their consent.
Initial fee
Many mediators charge a $250 to $500 fee up front before starting. This is sometimes called a set-up fee, deposit, or filing fee. This charge covers paperwork, administrative costs, and time spent familiarizing themselves with your case.
Hourly rate
Most mediators use an hourly rate, typically ranging from $100 to $500 per hour. Hourly rates are more common than flat fees because the time it takes to complete mediation varies so widely from case to case.
Mediation cost factors
These factors may affect the overall cost of mediation:
Experience level: Experienced professionals and attorneys tend to charge $200 to $500 per hour, while non-attorneys and community-based services often charge $100 to $350 per hour.
Location: Filing fees and hourly rates are usually more expensive in highly populated states like California, compared to less-populated areas.
Voluntary vs. court-ordered: If neither party can agree on key issues and a judge issues an order for mediation, the service may be free if the parties meet certain income requirements. Voluntary mediation is private and tends to cost more than community-based mediation services.
Cancellation: Mediators usually charge a $200 to $500 fee if one or both parties decide to cancel at the last minute.
Compromise: If both parties cannot agree on important issues like custody or assets, the case will be much more expensive and may even go to trial.
Sessions: Many mediators can settle issues in one or two 1-hour sessions. More sessions mean a higher overall cost.
Divorce mediation
Divorce mediation costs $150 to $500 per hour or $2,000 to $8,000 total on average. You can hire a mediator on top of having a divorce lawyer, but if your divorce is amicable or your assets are simple, you may want to skip the divorce lawyer and just use a mediator instead.
Additional costs
Other expenses during mediation may include:
Childcare: If you have children, you should not bring them to meetings or court appearances. Instead, ask a trusted family member, friend, or childcare center to watch them.
Moving: During a divorce, one or both parties may have to pay for a new place to live and the cost to move there.
Therapy: Therapy costs $100 to $250 per session without insurance or about $20 to $60 per session for the co-pay with insurance. Court cases are stressful, and it could be beneficial for you or any children to work with a therapist.
Real estate: If you are going through a divorce or estate dispute, you may need to hire an appraiser, sell property, or refinance the home's mortgage.
Mediation vs. litigation
If you decide not to mediate, you could end up going to court and paying much more:
Hiring a divorce lawyer costs $100 to $400 per hour, or $7,000 to $15,000 total on average.
Family lawyers cost $200 to $500 per hour, or $150 to $400 per hour for child custody lawyers.
Probate lawyers cost $100 to $500 per hour or $2,500 to $10,000+ total.
Estate lawyers cost $200 to $400 per hour or $2,000 to $15,000+ total.
You could opt for arbitration, which costs about the same as mediation. Arbitrators can make decisions regarding the case and are best if you want to settle outside of court but know you won't be able to agree on everything.
What not to say in child custody mediation
If your mediation includes a custody arrangement, you may experience heightened emotions and even distress. However, you should be professional and avoid the following words and behaviors which can escalate tensions:
Personal attacks like "You're a bad parent"
Making unreasonable demands
Using possessive language
Making promises that you may not be able to keep
Discussing unrelated issues like past infidelity or personal disagreements
Using blaming statements
Making threats
Refusing to listen or closing off communication
Try to actively listen and communicate using "I" statements. Always try to express concerns in as non-confrontational a manner as possible.
Mediation FAQs
What is mediation?
Mediation is when a neutral third-party professional helps negotiate the terms of a divorce, family law case, estate dispute, or probate case. This usually happens over one or more sessions, and then the mediator sends the paperwork to your local court.
How does mediation work?
Mediation usually follows the same process, regardless of the type of case:
Meeting at a neutral location or office
Establishing ground rules, such as no interrupting
Explaining the mediation process and their role
Asking both parties questions to build understanding
Separate or joint sessions to discuss issues
Breaks as needed until you reach a settlement
How long does mediation take?
Mediation can take anywhere from 1 hour to several months. Most cases are done within a day, but the overall length depends on how willing both parties are to compromise and how often they can meet. Most mediators count their time in 1-hour sessions or blocks of multiple hours.
When is mediation not recommended?
If any of the following apply to you, mediation may not be the right choice for you:
One or both parties have a history of domestic violence or abuse.
One or both parties are not willing to cooperate.
One party may be hiding assets.
Choosing a mediator
When searching for a mediator near you during a divorce or other case, follow these steps:
Read reviews on Lawful and Google.
Pick a mediator with experience and a good reputation.
Choose a mediator that makes you feel comfortable and respected.
Get a written contract before any work begins.
Questions to ask mediators
Ask the following questions when looking for a reliable mediator to help you:
How long have you been a mediator?
What qualifications or experience do you have?
Do you give free consultations?
What are your hourly rates?
Do you charge a start-up fee or a deposit?
How many sessions do you think this will take?
Will anyone else be working on the case with us?
If we can't come to an agreement, do you offer arbitration?
Can you give me a contract in writing?
Using our proprietary cost database, in-depth research, and collaboration with industry experts, we deliver accurate, up-to-date pricing and insights you can trust, every time.