How mediators charge

There are three common models in the United States, and it is worth knowing which one you are being quoted.

• Hourly. The most common approach. You pay for session time, and often for drafting and document review as well. Ask whether preparation and correspondence are billed.
• Flat fee. A single price for a defined package, for example a set number of sessions plus a written memorandum of understanding. Predictable, but check exactly what is included and what happens if you need more time.
• Sliding scale. Some community mediation programs and non-profits set fees by income. Availability varies enormously by area.

How the fee is split is a separate question. Many couples split it equally; some split it in proportion to income; occasionally one person pays. That is itself something to agree at the outset.

What drives the total up

• The number of issues in dispute, and how far apart you start.
• How complete your financial information is. Chasing missing documents is billable time.
• Assets that need valuing, such as a business, a professional practice, or property.
• Retirement accounts that need a separate court order to divide, which usually means extra drafting.
• Sessions that end without decisions, because one or both of you was not ready to make them.

The costs that sit alongside mediation

The mediator’s fee is rarely the whole bill. Budget for the court’s own filing fee, which varies by state and county; for independent legal review of the agreement, which is usually a few hours of an attorney’s time rather than full representation; and for any specialist you need, such as an appraiser or a financial neutral.

Even with all of that, the total is generally well below the cost of two attorneys running a contested case, because the expensive part of litigation is not the filing fee. It is the hours.

Ways to keep it down

• Turn up with the documents. It is the single biggest saving available to you.
• Decide the easy things between yourselves and use session time for what you are stuck on.
• Ask for a written fee agreement before you start, and check what is billable.
• Ask whether your local court runs a mediation program, or whether a community mediation center serves your area.

Common questions

Is mediation always cheaper than court?

Usually, but not automatically. If mediation breaks down late and you litigate anyway, you have paid for both. That is an argument for being realistic early about whether mediation fits your situation.

Do we have to pay for attorneys as well?

Most people pay for a review of the agreement before signing, which is far less than full representation. Whether you want an attorney more involved than that is your call.

Are there low-cost options?

Some courts run their own mediation programs, and community mediation centers in some areas offer sliding-scale fees. Availability is patchy, so check what exists locally.