How much does mediation cost?
Short answer
Court-connected mediation can cost little or nothing: Florida's court programs charge $60 or $120 per person per session in family cases depending on combined income, and volunteer mediators in the federal court for the Northern District of California donate the first four hours of a mediation. Private mediators set their own rates, and the fee is usually split between the parties. Your total also depends on whether each side pays a lawyer to prepare and attend.
The three parts of a mediation bill
- The mediator's fee. Set by statute or court rule in court-connected programs; set by the mediator in private mediation.
- Your lawyer's time, if you have one: preparing a summary, reviewing documents, attending the session and drafting the agreement.
- Follow-up, such as turning the agreement into a court order or a formal settlement document.
The mediator's fee is often the smaller part. Each party normally pays its own lawyer, because the American rule leaves each side to cover its own attorney's fees unless a statute or contract says otherwise[1].
Court-connected mediation: examples we verified
| Court or state | What it costs | Notes |
|---|---|---|
| Florida circuit court family mediation | $120 per person per scheduled session if combined income is over $50,000 and under $100,000; $60 per person if combined income is under $50,000[2] | Collected by the clerk when the court program provides court-ordered mediation |
| Florida county court cases up to $15,000 | $60 per person per scheduled session[2] | No mediation fee in residential eviction cases, small claims actions, or for a party found indigent[2] |
| North Carolina superior court mediated settlement conferences | Parties pay the mediator; the fee is split equally unless the court orders otherwise or the parties agree[3] | Supreme Court rules set the fee when the court appoints the mediator, and must provide a way for parties unable to pay to take part without cost[3]; the relief petition is form AOC-CV-814[4] |
| U.S. District Court, Northern District of California | Volunteer mediators donate the first four hours of a mediation plus up to two hours of preparation[5] | After that, the session continues only if all parties and the mediator agree, and the mediator may then charge[5] |
| California child custody | Parents with a custody and visitation court date must go to mediation before seeing the judge[6] | Ask your court's family court services office about any fee |
Most courts publish their mediation rules on an ADR (alternative dispute resolution) page or in local rules. Search your court's website for "ADR" or "mediation" and check whether the program is free, fee-based or uses private mediators at market rates.
Not paying a court-ordered mediator can have consequences. In North Carolina, a person who fails to pay the mediator's fee without good cause can face contempt and monetary sanctions[3].
How private mediators bill
Private mediators set their own prices, and there is no official rate. When you ask for a quote, find out:
- whether they charge by the hour, the half day or the full day;
- whether preparation time, reading the parties' summaries and follow-up calls are billed;
- whether there is an administrative or booking fee;
- the cancellation policy and how much notice is required;
- how the fee is split and when it must be paid, often in advance.
Who pays
In practice the mediator's fee is usually split equally, and North Carolina's statute makes an equal split the default for its superior court program[3]. But the split is negotiable: in an employment or consumer dispute, a business may agree to pay the whole fee, and in family cases the split may follow the parties' incomes. Whatever you agree, write it into the mediation agreement before the session. Each side still pays its own lawyer unless the settlement says otherwise[1].
Worked examples
Example 1: Florida court family mediation. Two parents with a combined income of $80,000 attend two scheduled sessions. Fee: $120 per person per session[2]. Total: 2 sessions × 2 people × $120 = $480, or $240 each.
Example 2: private mediation with lawyers. Assume a private mediator charges $300 an hour (a hypothetical rate) for a 6-hour session plus 2 hours of preparation: 8 × $300 = $2,400, split equally = $1,200 per side. Each side's lawyer prepares and attends for 8 hours at Clio's 2025 national average of $349[7]: 8 × $349 = $2,792. Cost per side: $1,200 + $2,792 = $3,992.
Example 3: federal court mediation in the Northern District of California. The session lasts 4 hours and the mediator spends 2 hours preparing, all within the volunteered time[5], so the mediator's fee is $0. Each side's lawyer still bills, say, 10 hours for preparation, the session and follow-up: 10 × $349 = $3,490 per side (illustrative rate[7]).
Example 2 shows why preparation matters: an extra hour in the room costs each side half the mediator's hourly rate plus a full hour of its own lawyer's time.
How to keep mediation costs down
- Exchange key documents before the session so the time is spent negotiating, not reading.
- Narrow the issues in advance and agree on the facts you do not dispute.
- Bring someone with authority to settle, or make sure you can reach them.
- In simpler disputes, consider attending without a lawyer and having a lawyer review the written agreement before you sign. Limited-scope help can be priced for that task alone; see low-cost options.
- Ask the court about any fee reduction or waiver if you cannot afford the program fee.
After you reach an agreement
A deal only protects you once it is written down and signed. In a pending court case, ask how the agreement will be filed or turned into a court order, and in family matters whether the judge must approve it. If you have a lawyer, have them review the final wording; if you do not, consider paying for a limited-scope review. If mediation fails, the money is not necessarily wasted: narrowing the issues can shorten what follows, but the case then continues toward the costs described in how much a lawsuit costs.
If there is a history of domestic violence or you feel unsafe negotiating directly with the other party, tell the court or the mediator before the session and ask about separate sessions or an exemption.
Frequently asked questions
Who pays for mediation?
Usually the parties split the mediator's fee equally, and each side pays its own lawyer. The split can be negotiated, and some court programs set or reduce fees by statute or rule.
Is court-ordered mediation free?
Sometimes. Some federal court programs use volunteer mediators for the first hours, and Florida waives mediation fees in small claims and residential eviction cases and for indigent parties. Other programs charge a set fee or use private mediators at their own rates.
Do I need a lawyer at mediation?
Not always. In simpler disputes many people attend alone, but it is wise to have a lawyer review any written agreement before you sign, because it can be binding.
Do I get my money back if mediation fails?
No. Mediator fees pay for the mediator's time, not a result. You can reduce the risk by preparing well and confirming in advance that the other side is willing to negotiate.
Is mediation cheaper than going to court?
Often, because a settled case avoids the discovery and trial stages where most litigation spending happens. But mediation does not always produce a deal, and if it fails you pay for both.
Sources
- Baker Botts L.L.P. v. ASARCO LLC, 576 U.S. 121 (2015) — Justia (U.S. Supreme Court opinion). The American Rule: each litigant pays its own attorney's fees, win or lose, unless a statute or contract provides otherwise (checked October 11, 2026)
- Florida Statutes § 44.108: Funding of mediation and arbitration — Florida Legislature. Court mediation fees: $120 or $60 per person per session in family cases; $60 in county court cases up to $15,000; exemptions (checked October 11, 2026)
- N.C. Gen. Stat. § 7A-38.1: Mediated settlement conferences in superior court civil actions — North Carolina General Assembly. Parties bear mediation costs, split equally by default; method for parties unable to pay; sanctions for nonpayment (checked October 11, 2026)
- Mediated Settlement Conference Program — North Carolina Judicial Branch. Program page and forms, including a petition for relief from the obligation to pay the mediator's fee (AOC-CV-814) (checked October 11, 2026)
- Mediation (ADR Program) — U.S. District Court for the Northern District of California. Court mediators volunteer the first four hours of a mediation plus up to two hours of preparation (checked October 11, 2026)
- What to expect at mediation (child custody) — Judicial Branch of California, Self-Help Guide. Parents with a custody and visitation court date must go to mediation before seeing the judge (checked October 11, 2026)
- Compare Lawyer Rates (2025 Legal Trends Report data) — Clio. U.S. national average lawyer hourly rate of $349 (2025), used only for illustrative arithmetic (checked October 11, 2026)