Mediation – How Much Does It Cost?

In last month’s newsletter, we announced the opening of a new practice group at Bulman Dunie: the Mediation Practice Group. This month, we kick off the first in a series of articles answering some of the most asked questions about the mediation process. When we recommend our clients consider mediation in their case, one of the first things they want to know is how much it will cost. The short answer is: it depends. But here are some important things to consider as you weigh whether to incur the expense of mediation in your case.

• Many people do not know that the parties to a dispute can attend mediation without having their attorneys present. While there are some circumstances in which it is beneficial for parties to have their attorneys present at mediation, many mediators (myself included) are willing to mediate without attorneys present, and simply refer the parties back to their individual lawyers to write an agreement and/or advise their clients on the implications of terms that are being considered. Thus, rather than having two attorneys and a mediator on the clock during the mediation session, the parties to a mediation could be splitting the cost of only one professional (the mediator). And attorney mediators often bill at a lower hourly rate for mediation than for litigation.
• Resolving a case in mediation, rather than trying the case and waiting for a ruling from the Court, results in an expedited outcome. An expedited outcome means that the parties are spending less money on attorneys’ fees, but also expert fees, depositions, court reporters, transcripts, etc. And don’t forget any expenses that are the subject of the dispute that might accrue during the pendency of the action.
• But, you ask, what if mediation doesn’t work? Haven’t you “wasted” all that money? Not necessarily. Even in an “unsuccessful” mediation, parties learn more about the other side’s position in the case, and may lay the framework for a future settlement that could be negotiated later, either directly between the attorneys or in a subsequent mediation session.

Stay tuned for next month’s article, and an updated webpage for the Mediation Practice Group at Bulman Dunie. In the meantime, if you are interested in engaging Meg Rosan for mediation services, do not hesitate to call (301) 656-1177, or email Meg at mrosan@bulmandunie.com.