The participants share the cost of mediation equally

Who pays for family mediation depends on the circumstances. Most of our mediation clients pay for mediation in equal shares.

Benefits and drawbacks

One benefit of sharing the cost is that both participants buy into the process. They each have a vested interest in making it work. They take ownership of the process. A drawback is that it may be more difficult for one participant to meet the cost of mediation than it is for the other. This could mean having to save up for meetings, borrowing the money, or waiting until they’ve been paid. 

One participant pays the whole mediation cost

It may be tempting for one participant to offer to pay the whole mediation cost. Either to help out because they know the other person is less able to afford it, or to give them an incentive to come to mediation. An example of the latter is in some parenting cases. One parent may be happy enough with the status quo, whereas the other wants help to make changes to the parenting arrangements.

Benefits and drawbacks

One benefit of this arrangement is that mediation can go ahead without each participant having to find the money. A drawback is that the participant who pays may feel that the mediation outcome should reflect that they paid the entire mediation costs. Another drawback is that the participant who doesn’t pay may feel indebted, financially or in some other way, to the paying participant.

The participants pay in proportion to their abilities to pay

This is what it says on the tin. Each participant pays a share of the mediation cost proportionate to their disposable income.

Benefits and drawbacks

A benefit is that it can help to level things out financially between the participants. The drawbacks are similar to where one participant pays the entire cost of mediation. The participant who pays a greater proportion may feel that the mediation outcome should reflect that they paid more than the other participant. The participant who pays less may feel indebted, financially or otherwise, to the paying participant.

The mediation cost is paid out of joint assets

This is a possible option in financial cases. One or both participants pay for the mediation as the payments come due. They are then reimbursed out of the assets at the end of the mediation process when they have reached a settlement.

Benefits and drawbacks

A benefit is that both participants know from the outset how they will pay for mediation. A drawback is that the cost of mediation will be taken out of the joint assets and so will reduce the amount available for settlement.

The Legal Aid Agency pays

The Legal Aid Agency may pay the cost of mediation. To find out if you qualify please use the legal aid calculator by clicking here.

Contact us on 01473 487427 for more information.

Elisabet Anderson, FMC accredited family mediator.

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