 | Online Mediation: $50 |
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 | 10 hours of Mediation: $2,000-$8,000 |
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| Mediation is a legal alternative to settling a dispute in court. Most mediators are also attorneys. A law degree is a prerequisite in many states to becoming a court-approved mediator. Not all non-attorney mediators are court approved. Mediators often specialize in a particular area of law such as family law or business law. Mediation differs from arbitration which involves a third party who acts like a judge and decides a matter out of court. Mediation does not always result in a settlement. | | |
| Typical costs: | - Mediation services are generally charged by the hour. Most mediators charge $200 -$800 per hour for services. Disputes that are mediated can take from a half a day to several days to resolve, but most are resolved in one 10-hour day or less. Judicate West, with locations across California, charges $300 -$800 per hour for mediation. Judicate West also adds a case management fee of $150. For a 10-hour day of mediation, it could cost $2,000 -$8,000.
- Family law mediation is a common type of mediation and is used in divorce, separation, custody and child support-related issues. There are three basic types of family law mediation: family counseling divorce mediation, legal issues divorce mediation and moderated divorce mediation. Family counseling divorce mediation, which has both legal and therapeutic goals, typically takes five to six sessions of two hours each and costs $2,000 -$9,600, based on the attorneys' typical hourly charges. Divorce mediation, the most common type of family law mediation, typically takes five to eight hours to complete and can and costs $1,000 -$6,400. Moderated divorce mediation typically takes three to four sessions of two hours each which can cost $1,200 -$6,400. ADR Resources, a mediation resource website, explains the types of family law mediation in detail.
- Online mediation services are an alternative to in-person mediation expenses. The American Arbitration Association offers online mediation services for $50, for claims that involve disputes totaling less than $10,000 and only involving two parties. The mediation is conducted through AAA chat rooms and instant messaging.
What should be included: | - A mediation session typically begins with opening remarks from the mediator. This is followed by statements from both parties about the dispute. The mediator then speaks with both parties separately, gathering information and identifying the nature of the dispute. Finally, all parties return to the table and discuss bargaining options. The mediation process generally closes with all parties reaching an agreement, but not all mediation ends in a settlement.
- Most civil (noncriminal) disputes can be settled through mediation, including those involving contracts, small business ownership, employment and family law issues such as custody, divorce and visitation.
- Nonviolent criminal matters, such as verbal harassment, can be resolved through mediation.
- Family law mediation often takes several sessions spread out over a few months to resolve.
- Mediate.com provides an overview of how the mediation process works and the six basic steps of formal mediation. When mediation is complete, the decision made and signed by all parties is legally binding. Mediate.com also has information on enforcing a mediation agreement.
Additional costs: | - Customers who cancel mediation sessions without proper notice might be responsible for cancelation fees. Cancelation fees typically cost $100 -$150.
- Some mediators add a case management fee, which generally costs $100 -$200.
- Some mediators charge a fee to file a request for mediation, which can cost as much as $50, but most mediators do not charge for the initial request.
- A written record of mediation sessions can cost extra. Typically stenographers and court reporters charge $5 -$10 per page. The U.S. Court of Federal Claims recommends charging $8.25 per page as of 2008.
Discounts: | - Some local and state bar associations offer low-cost or free mediation services to the general public. The American Bar Association provides a search of local and state bar associations in the United States.
- Some bar associations or law schools offer pro bono mediation services for specific groups of people. For example, the Wisconsin State Bar and Marquette Law School offer free mediation services to people affected by the Sept. 11, 2001, attacks.
Shopping for mediation: | - Nolo, an independent book publisher that specializes in legal do-it-yourself guides, offers advice for people seeking mediation services.
- The American Arbitration Association has an online mediator locator.
- The American Bar Association's Book Briefs Blog provides useful tips for selecting a mediator to help settle a dispute.
- The International Academy of Mediators has a searchable directory of its members.
- Mediate.com weighs the pros and cons of having a mediator who is also an attorney.
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Article updated June 2011 |
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