Common Fee Structures
- Per party. Each party pays a set fee for a session of a given length.
- Hourly. Time is billed by the hour, sometimes with a minimum.
- Half day and full day. A set block of time at a set fee.
Many mediators combine these, for example a per-party fee for a half-day or full-day session, with an hourly rate for time beyond the booked session. Current rates for Dispute Resolution Group of Texas are on the Fees & Booking page.
What Drives the Fee
- Number of parties. More parties usually means more preparation, more private conversations during the session, and often a longer day.
- Length of the session. A focused dispute with a few key issues may need a half day; a dispute with several issues or participants may need a full day.
- Preparation. Pre-session calls with each side, reviewing documents, and preparing a written summary of any agreement all take time. Unusually complex cases can require more preparation than usual.
- Location. In-person sessions can add the cost of a meeting space with enough rooms for private conversations; video sessions avoid that cost.
- The mediator’s experience and background. Rates vary across mediators, as do training, subject-matter familiarity, and approach.
A higher fee by itself doesn’t say much about whether a mediator is the right fit. It is usually more useful to look at what the fee includes and at the mediator’s background.
What A Mediation Fee Usually Includes
What a fee covers varies by mediator, which is one reason comparing headline numbers can be misleading. A mediation fee commonly includes:
- The booked session, whether a half day, a full day, or an hourly block
- Preparation conversations with each side before the session
- Reviewing materials the parties send ahead of time
- A written summary of any agreement reached
Items that are often billed separately include time beyond the booked session, unusually extensive preparation, travel, and the cost of a meeting space for in-person sessions. Reading the fee terms closely before booking avoids surprises later.
How Fees Are Usually Split
Fees are commonly shared by the parties, often equally. Other arrangements are common too: one party, an employer, or an insurer may pay. In a workplace dispute, for example, an employer sometimes covers the fee for everyone. Who pays is something the parties can work out before the session, and whatever the arrangement, it should be stated in the written agreement to mediate. In court-referred cases, the court may address how the mediator’s fee is allocated.
Costs Outside the Mediator’s Fee
- Meeting space for in-person sessions
- Each party’s attorney time for preparation and attendance
- Experts, appraisals, or document preparation, if the parties need them
How to Compare Mediators
- What’s included. Pre-session preparation calls, the session itself, and a written summary of any agreement.
- Session length and overtime. How long the booked session runs, and how time beyond it is billed.
- Payment timing. When payment is due.
- Cancellation and rescheduling terms. Ask about them, and read them in the agreement before booking.
- The mediator. Background, training, and whether the mediator is an attorney.
Questions to Ask Before You Book
- Is the fee per party, hourly, or a set session fee?
- What preparation is included, and is there a charge for additional preparation?
- How long is the booked session, and how is extra time billed?
- When is payment due, and who is expected to pay?
- What are the cancellation and rescheduling terms?
- Is the session in person or by video, and who arranges the meeting space?
The answers should be in writing before the session. If anything is unclear, ask before you sign the agreement to mediate.
How Mediation Compares With Ongoing Litigation Costs
Litigation costs tend to build over time, through pleadings, discovery, motions, and trial preparation, and are hard to predict at the start. Mediation is a defined block of time with fees agreed in writing up front. That doesn’t mean mediation is right for every dispute, but it makes the cost easier to plan. For how the process works, see How It Works.
To ask about fees for a specific dispute, schedule a free consultation.
Common Questions
Usually, but not always. Fees are often shared, and one party, an employer, or an insurer may pay instead. The arrangement is stated in the agreement to mediate.
It can avoid some costs, such as travel and meeting space. Whether the mediator’s own fee differs by format depends on the mediator, so check the Fees & Booking page.
It depends on the agreement to mediate. Cancellation and rescheduling terms are set out in writing before the session, so ask about them before you book.