The Cost of Mediation

When facing separation or divorce, understanding the financial investment required is crucial. Let's be direct: mediation costs money. But when compared to the alternatives—and considering what you get for that investment—mediation represents exceptional value for most families.

My Fees

Hourly Rate: $580 per hour plus HST

What's Included in Your Hourly Rate:

All mediation sessions (joint and individual, if needed)
Preparation time before sessions
Drafting of the Memorandum of Understanding
Email communication between sessions
Review of documents you provide
Research on specific issues if needed

How Fees Work:

Fees are typically split equally between both parties
Invoices are issued after each session or monthly
Payment is usually secured by a retainer, paid in equal parts by each party, in advance
Mediation time is billed in tenths of an hour, being 6 minute increments

Additional Costs You Should Budget For

Beyond mediation fees, expect these additional expenses:

Legal Fees for Independent Legal Advice

Cost: Typically $1,000-$3,000 per person plus HST

Even with mediation, you should have a lawyer review your Memorandum of Understanding, provide independent legal advice, and prepare or review the final separation agreement. This is essential and money well spent.

Expert Fees (If Needed)

Real estate appraisal: $300-$500 per property
Pension valuation: $500-$1,500
Business valuation: $2,000-$10,000+ depending on complexity
Accountant for complex tax issues: $200-$400/hour
Financial planner: $150-$300/hour

In mediation, you often share expert costs (one appraisal, not two), which saves money compared to litigation.

Court Filing Fees (If Divorcing)

If you need a divorce order: Approximately $632 for court filing fees in Ontario (as of 2024, subject to change)

The Real Comparison: Mediation vs. Litigation

Typical Costs for Contested Divorce Litigation

Legal fees for a moderately contested divorce can sometimes range from $15,000 - $30,000 per person. By contrast fees for a highly conteted divorce can range from $30,000 - $75,000+. And for a cas that goes to trial, nowadays, you can count on $100,000 - $150,000+ in legal fees.

These figures are based on typical costs reported by family law practitioners in Ontario. Your actual litigation costs could be higher or lower.

So the total cost of litigation per person is estimated at around $20,000 - $200,000+ Understanding why litigation costs so much helps appreciate mediation's value:

What Makes Litigation So Expensive?

Understanding why litigation costs so much helps appreciate mediation's value:

Everything is billable: Every email, phone call, letter, and court appearance generates legal fees at $300-$600/hour or more
Duplication: Both sides hire their own experts, file their own documents, conduct their own investigations
Court delays: Cases that should take months drag on for years due to court scheduling, which means ongoing legal fees
Adversarial process: Lawyers must build cases, respond to motions, conduct examinations—all time-intensive billable work
Preparation intensity: Getting ready for trial requires enormous lawyer time reviewing documents, preparing witnesses, drafting arguments
The trial itself: Multi-day trials cost thousands per day in legal fees alone

The Mediation Value Proposition

Here's what you're actually buying with mediation:

Direct Cost Savings

Even a complex mediation costing $10,000-$15,000 total (split between both parties) saves tens of thousands compared to litigation. That's money that stays in your family instead of going to legal fees.

Indirect Cost Savings

Less time off work: Mediation sessions are scheduled at your convenience, not court's. You won't spend days sitting in courtrooms waiting for your case to be called
Reduced emotional toll: Less stress means less impact on your work, health, and relationships. While hard to quantify, this has real economic value
Better outcomes: Solutions you create together are more likely to work long-term, reducing future legal costs from modifications and enforcement
Preserved co-parenting relationship: Better cooperation means fewer conflicts requiring legal intervention in the future

What You Can't Put a Price On

Maintaining control over decisions rather than having a judge decide
Privacy (mediation discussions aren't public record)
Reduced trauma for your children
Preserving your dignity through the process
Being able to look back without regret about how you handled the separation

Making Mediation Affordable

Payment Options

To make mediation accessible, I offer:

Payment plans (if arranged in advance)
Ability to split costs between parties flexibly if equal split doesn't work
Credit card payments [if applicable]
E-transfer or other electronic payment methods

Ways to Reduce Your Mediation Costs

Be prepared: Gather financial documents promptly. Come to sessions ready to discuss the agenda items. Don't waste time rehashing the past
Do homework between sessions: Think through issues on your own time, not on mediation time
Communicate efficiently: Save questions for sessions rather than multiple emails between meetings
Stay focused: Use session time for productive negotiation, not venting or arguing
Get simple issues out of the way: Agree on straightforward matters yourselves before coming to mediation
Consult with lawyers outside mediation: Get legal advice between sessions so you come prepared to negotiate, not to learn

When Cost Truly Matters

If mediation fees are genuinely unaffordable, explore these options:

Community mediation services: Some communities offer reduced-fee or sliding-scale mediation
Partial mediation: Mediate the most contentious issues and handle simpler matters through lawyers
Legal aid: In limited circumstances, legal aid may cover mediation costs. Check eligibility at Legal Aid Ontario
Pro bono programs: Some mediators offer limited pro bono spots for those in financial hardship

Important: If you cannot afford mediation, you definitely cannot afford litigation. In that case, exploring all possible ways to make mediation work is crucial, as the alternatives will be far more expensive.

Understanding the Fee Structure

What You're Paying For

Mediation fees cover more than just time in sessions:

Preparation: Reviewing documents you provide, researching legal issues, planning session agendas
Session time: Facilitating productive discussions, managing conflict, ensuring both voices are heard
Expertise: Years of training in conflict resolution, family law, negotiation, and communication
Documentation: Taking detailed notes, drafting agreements, creating the comprehensive Memorandum of Understanding
Between-session work: Responding to questions, coordinating scheduling, following up on action items

How Billing Works

Time is tracked in 6 minute increments
Both session time and preparation/documentation time are billed
You receive detailed invoices showing exactly what time was spent on what activities
Most mediators require a retainer (advance payment) before beginning
When the retainer is depleted, you replenish it to continue

Typical Retainer

Initial retainer: $5,000 and up, depending on the proposed structure of the mediation and the time involved.

This covers your first few sessions and associated work. As the retainer is used, you'll be asked to replenish it to continue mediation.

What If One Person Won't Pay Their Share?

Ideally, both parties share mediation costs equally. However, if one person cannot or will not pay their portion:

The other party can choose to pay the full cost to keep mediation moving forward
Payment arrangements can be built into the final settlement (e.g., one party reimburses the other)
Mediation may need to pause until payment issues are resolved
This can be addressed in your mediation agreement at the outset

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Questions to Ask About Costs

When consulting with any mediator, ask:

What is your hourly rate?
What does that rate include?
What is your typical retainer?
How do you bill time? (What increments?)
What's not included in your fees?
Do you charge for phone calls or emails between sessions?
What are your payment terms?
Do you offer payment plans?
Based on my situation, what's your estimate of total mediation cost?
What additional costs should I budget for (lawyers, experts, etc.)?

The Bottom Line on Cost

Yes, mediation costs money. For many families, it's one of the most significant expenses of the separation process. But consider:

It costs a fraction of what litigation would likely cost
The money you invest buys you control over your future
You're creating solutions, not funding a battle
Every dollar spent on mediation is a dollar that stays available for your children's needs, your housing, your retirement
The cost of a bad outcome—or years of litigation—is far greater than the cost of mediation

When you're already facing the financial stress of separating households, mediation fees can feel daunting. But they're an investment in a better process and better outcomes. Most people who mediate successfully say, in hindsight, that it was worth every penny.

Ready to Discuss Costs for Your Situation?

During our initial consultation, I'll provide a realistic estimate of what mediation would likely cost based on your specific circumstances. This consultation itself is not billed unless you choose to proceed, in which case it will be billed at the hourly rate we agree upon under the terms of our retainer agreement. But if you don't want to move forward after the consultation, you're under no obligation to proceed and you will not be billed if you decide you don't wish to proceed.

Contact me to schedule a consultation and get clarity on the investment required for your situation.

Mediation costs $2,000-$8,000 total vs. $40,000-$400,000 for litigation. Understand fees, compare options, and invest in better outcomes.

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