The cost of mediation as well as litigation depends upon the type of case and the amount of time it takes to reach a resolution. Typically, mediation cost less and takes less time than litigation.   Depending upon the complexity of the case, on average, the process of mediation may take 2-12 hours to reach a resolution.  The cost of mediation varies amongst practitioners and is based upon an hourly rate, fee for preparing the Settlement Agreement and consultant fee for an independent attorney to finalize the MOU.   At this firm, on average, the rates for the entire mediation process may range from $350-$2100 plus the $300 administrative fee. The average cost for parties to have an independent attorney review the Agreement before parties sign the final version may range from $200-$400.  Similar to this firm, there are attorneys who charge cost-friendly flat rates for this type of service.   Unlike Alternative Dispute Resolutions, the average cost to resolve your dispute in court may range from $10,000-$25,000 due to the often lengthy process of litigation (i.e. court appearances, depositions, fees for transcripts, filing/process service fees and experts).

It is recommended that all parties involved consult an attorney during the initial stages of the process in the event that one of them may desire legal advice.  Once the Settlement Agreement is drafted, all parties are encouraged to have their own attorneys review it before signing it.  For parties who have retained an attorney to file for divorce, you may want the attorney to file the Agreement with your divorce papers.   Although some mediators are attorneys, they cannot act as a legal advocate for either party while also serving in their role as the mediator/facilitator.  

Yes. Cases in which (1) there are allegations of child or elder abuse and credible threats of personal harm or (2) a party is unwilling to discuss his or her concerns, unwilling to listen to the other party’s concerns and/or refuses to fully disclose all information and documentation which would allow both parties to make an informed decision.

If the parties are unable to resolve their dispute, they may resolve their dispute by going to court.  However, per the mediation agreement, the parties cannot subpoena the mediator as a witness or any notes taken by the mediator during the process. 

The time to complete the process depends upon the complexity of the case as well as the level of commitment by the parties to adhere to a consistent schedule of sessions.  Parties are asked to commit to meeting weekly for at least 2 hrs per session.  Mediation could range from 6-8 sessions for Divorce matters and 1-4 sessions for non-Divorce matters.  Whereas, litigation could take months are even years before your dispute is resolved.

What is the cost of ADR compared to Litigation?

What happens if we cannot resolve our dispute?

Are there cases that are inappropriate for mediation?

Will I need an attorney?

How long is the mediation/facilitation process?