How much does a mediator charge per session?
Private mediators have no official price, because each one sets their own fees and must agree them with the parties before starting. The amount depends on their experience, on how complex the dispute is and on whether they charge per session, by the hour or for the whole mediation. Unless otherwise agreed, the cost is shared equally between the parties, whether or not an agreement is reached. Some mediation is free, such as that provided by the “Centre de Mediació de Catalunya”, the Catalan public mediation centre, to those entitled to legal aid (“asistencia jurídica gratuita”), or by some public services. In mediations managed by that centre, the price is not set by the mediator but by the scale of fees laid down by the Generalitat de Catalunya (the Catalan government).
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How the price is set
Private mediators set their fees freely. The law only requires the fees to be agreed with the parties before starting and the mediator to explain at the first session how much the mediation will cost. That is why it is advisable to request a written quote and to ask about these points:
- Whether they charge per session, by the hour or a fixed sum for the whole mediation.
- Whether the first session, at which they explain how mediation works, is charged for.
- How many sessions they estimate will be needed and how long each one lasts.
- Whether drafting the final agreement is included or charged separately.
The mediator can ask for an advance, which the law calls a payment on account (“provisión de fondos”). If one party does not pay it, the mediator can bring the mediation to an end, although they must first let the other party know in case that party wishes to pay it instead.
Who pays
Unless otherwise agreed, the cost is split equally between the parties, whether or not the mediation ends in agreement. A different split can be agreed, for example that whoever proposes the mediation pays more.
If it is the other party who proposes a mediator and you do not accept the mediator's involvement, you do not have to pay anything. Any costs incurred up to that point are paid in full by whoever proposed the mediator.
On top of what the mediator charges come the fees of each party's lawyer, if they bring one. In general, a lawyer is not compulsory in mediation, although one can be useful to prepare the negotiation and to review the agreement before signing it.
When it is free or cheaper
There are cases in which mediation costs nothing or costs less:
- In mediations run by the Centre de Mediació de Catalunya, anyone who meets the conditions for legal aid and is granted it does not pay. If only one of the parties has it, the other party pays its half of the fee.
- In Catalonia, the information session that the judge orders once proceedings are under way is free of charge for the parties.
- Some public services, such as the neighbourhood mediation services of many town councils, make no charge.
In mediations managed by the Centre de Mediació de Catalunya, the price is not decided by the mediator. The fees set by the Generalitat apply and the mediator must communicate them before starting. Each session lasts ninety minutes at most.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.