How are mediator fees structured?
A. Many mediators charge for their services on a traditional flat hourly basis; others require a non-refundable filing fee or retainer per party as a show of good faith in addition to their hourly rate. Recently, there has been a trend toward a flat daily, or per diem, rate regardless of the actual time expended by the mediator. There is but another persuasion of mediators who charge a per diem rate for session work and an hourly rate for non-session, or preparatory, work. Some mediators assess parties a cancellation fee, in the event one or both withdraws after notice of confirmation of the mediation conference. Yet other practitioners, believing that parties have an appreciable interest in wanting to know their maximum cost outlay, will place a ceiling on their professional service fees. It is customary for mediators to seek reimbursement for all expenses that are incurred out-of-pocket and which are necessary and incidental to the performance of services.
