Mediation is a form of alternative dispute resolution (ADR) in which a third-party neutral (”the neutral”) helps the parties to a dispute to establish a dialogue through which they can explore possible resolutions to their conflict. Because it is highly effective at reducing tensions and prioritizes collaboration over winner-takes-all outcomes, family law courts tend to encourage, and in many cases require, mediation as part of the ordinary dispute resolution process. The frequency with which family law disputes are referred for mediation means that basic questions, such as who pays for mediation and how mediation costs are determined, are extremely common. A conversation with a member of the King Law Offices team may help you prepare for mediation in your own family law case. We serve multiple locations throughout North Carolina, South Carolina, and the state of Tennessee, so call 888-748-5464 to be connected with one of our family law attorneys at an office close to you.
How Much Does It Cost To Have Mediation?
There are a few factors that can affect the total cost of mediation, no matter how the mediation fees are divided. Some of these costs are more closely associated with mediation in family law disputes than with the alternative dispute resolution process in other types of civil cases, whereas others commonly appear in ADR contexts regardless of case type.
The most obvious factor affecting the total cost of mediation is of course the fee for the mediator’s services. These are to a large extent determined by whether the mediation is pursued independently vs. ordered by a court, but other factors may sometimes come into play. Additional fees that frequently accompany mediation include:
- Facility fees
- Attorney fees
- Court filing fees
Not all of these additional costs will apply in every situation, but they are all common enough that you may wish to be aware of them so that you can develop an understanding of what to expect in your own situation.
Mediator’s Fees
The fees owed to the mediator can vary depending on a few factors. Among the most basic is whether the mediation in a specific family law case is court-ordered vs. a choice made between the parties.
Independent Mediation
When the parties to family law disputes choose mediation on their own initiative, prior to approaching a court, then who pays for mediation will usually also be a decision made by mutual agreement. In these instances, the parties may also have some flexibility over the mediator with whom they choose to work. Mediators set their fees based on a variety of factors – but for mediators, as for other professionals, common considerations include the degree of experience they bring to the work, the prevailing rate for comparable services in their area, and the overall costs associated with living and working in that area.
Court-Ordered Mediation
Court-ordered mediation is very common in family law disputes of all kinds. Most states, like South Carolina, have some provision for either presuming family law matters to be appropriate for mediation, absent evidence presented to the contrary, or for placing decisions about whether to refer family law matters to mediation in the discretion of the judges overseeing these types of cases. North Carolina G.S. § 50-13.1(b) requires mediation for matters involving child custody and visitation under most circumstances. Family law disputes involving children – especially custody and visitation rights – tend to be especially likely to be sent to mediation across many different jurisdictions. When a judge refers a family law matter to mediation, often court rules will dictate how the mediator’s fees are assessed, as well as how financial responsibility for mediation is determined.
Facility Fees
Facility fees may not always be a major cost associated with mediation, but these fees are common enough, and can be substantial enough, that they are worth keeping in mind. Some mediators may have dedicated conference areas and include use of these spaces or similar settings as part of the fee for their services. Others may habitually rent out a conference room at a co-working space or by some other arrangement, and similarly include that cost in their quoted fees. In these cases, usually the person who pays for mediation will also be the person who covers the cost of the facility, since this fee is not calculated as a separate expense.
Attorney Fees
Not all parties attending mediation in family law disputes will be accompanied by professional legal counsel. Pro se representation (representing oneself in legal proceedings) has long been more common in family law cases than in other legal matters, as a 2016 article in Hastings Law Journal notes. Even so, many individuals pursuing a divorce or seeking adjudication of child support or custody and visitation rights do prefer to work with the advice and support of professional legal assistance. In these instances, each party will normally be responsible for covering his or her own attorney’s fees, no matter who pays for mediation overall.
Court Filing Fees
Most of the time, the goal of mediation in family law disputes is to come up with an agreement all parties consider acceptable, and which the parties can then submit to the court for review and (usually) entry into the official governing their case. This signed agreement is separate from the report that mediators are often required to file following court-ordered mediation.
There may be filing fees associated with submitting the agreement, particularly if the parties are requesting that the court order be amended to reflect the new agreement’s terms. The amount of such fees can vary by jurisdiction and type of document, and they may sometimes be subject to waiver or reduction by the court on the basis of financial hardship. Otherwise, the same decision that governs who pays for mediation will usually also apply to how the filing fees are apportioned, unless the parties establish an alternative arrangement.
State-Specific Rules Regarding Costs for Court-Ordered Mediation
If you are ordered to attend family mediation by the judge presiding over your case, then state laws and the rules of procedure applicable to that court may impact both who pays for mediation and how the mediator’s fees are determined. Some states work with lists of certified mediators who are court-approved to handle family law cases, as described by Tennessee’s Administrative Office of the Courts; others will expect the parties to a dispute to take a more active role in finding an appropriate mediator and scheduling the court-ordered ADR. A family law attorney with King Law Offices may be able to help you determine the procedures that apply in your jurisdiction.
If the parties are responsible for finding their own mediator, sometimes a court will order one party or the other to assume responsibility for the mediator’s fee; if the parties are instructed to work from a court-approved list, then there may be a standard fee associated with the mediation process. The court may assign this fee to one party or divide it between them, either evenly or in proportions relative to their respective incomes.
Who Pays for Mediation in Tennessee Family Law Disputes?
Tennessee’s Supreme Court Rules, Rule 31, specifies that Rule 31 Mediators are owed a “reasonable rate” as compensation for their services, unless they are providing those services pro bono under Section 15 of the same rule. Section 8(a) provides for Rule 31 mediators to request that their services be charged as court costs, while Section 8(b) specifies that courts may, at their discretion, waive or reduce the costs of mediation ordered under Rule 31. If the court orders a waiver of the Rule 31 Mediator’s fees, then the mediator’s services count toward his or her annual requirement for pro bono service hours.
Who Pays for Mediation in South Carolina Family Law Disputes?
South Carolina’s Court Rules for ADR, Rule 9(b), specifies that the parties to a dispute will share in the cost of court-ordered mediation equally unless otherwise agreed or ordered. Rule 9(c) establishes protocols by which either party may request a waiver on grounds of “indigency” (financial hardship, also sometimes called indigence).
Of note, South Carolina is one of the states in which the fees for a neutral’s services in court-ordered mediation are set at a fixed hourly rate, rather than by the mediator. When the parties choose a mediator “by stipulation” – that is, on their own – they are responsible for reaching their own fee agreement with the mediator and for determining who pays for mediation services.
Who Pays for Mediation in North Carolina Family Law Disputes?
North Carolina differs from many other states in separating the mediation process for custody and visitation matters from the procedures for alternative dispute resolution in other family law cases. Mediation is usually required in North Carolina custody and visitation cases, but the mediation services are provided to families free of charge through the state’s Custody and Visitation Mediation Program.
In other family law cases, who pays for mediation if the parties choose to pursue the process independently is determined by agreement between the parties, as in most other jurisdictions. For court-ordered mediation in family law disputes not involving child custody, parties usually share equal responsibility for a clerk-appointed mediator’s fee, which is set at a standard rate of $150, plus an initial $175 administrative fee that helps to cover the costs of setting up the mediation process. Either party can request a financial hardship waiver by filing a form with the clerk’s office for the court overseeing the case.
Speak With a Family Law Attorney Near You
The importance of reaching decisions in family law cases that all parties agree are fair means that individuals engaged in family law disputes are likely to turn to mediation, and family courts are likely to refer cases to mediation for the same reasons. Individuals approaching the family mediation process for the first time often have a number of procedural questions, with “Who pays for mediation?” often looming large – particularly in cases where one or both parties may be facing financial hardship, often as a result of their dispute. A family law attorney with King Law Offices may be able to help you assess the factors that will likely affect who pays for mediation, how much it may cost, and what you can expect from the process. Call 888-748-5464 to be connected with a member of our teams in North Carolina, South Carolina, or Tennessee. Schedule a consultation today to learn how state and local rules apply and gain the benefit of professional assistance as you prepare for mediation in your family law dispute.
