The cost of mediation
The costs of mediation will depend on several factors :
the mediator's hourly rate ;
the number of mediators involved ;
the number of contact hours/ amount of time spent on drawing up a settlement agreement ;
whether attorneys are present during mediation ;
whether experts are brought in ;
whether parties are entitled to legal aid.
Hourly rate
The mediator will determine his/ her own hourly rate. This is a fixed rate which includes VAT. Currently, this rate ranges from EUR 90 to EUR 450, but the average rate is about EUR 150. The parties themselves select a mediator, and the hourly rate may be a consideration in this choice.
The first 2.5 hours are for free for the parties involved. If, after the mediation agreement is signed, mediation lasts for more than 2.5 hours, the parties will pay the fee based on the hourly rate as from that time.
If there is team mediation, each mediator must be paid his/ her own rate. Co mediators are sometimes used as well. These are mediators who do not have much experience yet or are just interested in the matter. No costs may be charged for co mediators.
Incentive contribution and legal aid
To encourage the use of mediation, the Minister of Justice has adopted a temporary measure, the “incentive contribution”. Under this measure, the parties are not charged for the first 2.5 hours of mediation. For the first 2.5 hours after the signing of the mediation agreement, the mediator receives a fee of EUR 200, exclusive of VAT. The time that the mediator spends on the mediation before the mediation agreement is signed is considered intake time and cannot be compensated.
Appointment of a mediator may be requested for parties who are entitled to legal aid. In addition to the parties' own contribution of around EUR 90, the mediator may be compensated for all time incurred based on a point system (appointment scheme) for subsidized legal aid. One point corresponds to approximately EUR 150, exclusive of VAT, with a maximum of eight points. The mediator also receives compensation for administrative expenses of about EUR 34, exclusive of VAT.
Legal assistance
Because a mediation referral occurs while legal proceedings are going on, parties often already have an attorney to represent their interests. As a result, attorneys are often involved in mediation. Sometimes, they play a more active role, while, other times, their role is more behind the scenes. If the parties are capable of articulating and representing their own interests, attorneys need not be present at the mediation sessions. The parties may prefer this, however. Whether this in fact occurs is partly a financial issue. Besides the mediator's hourly rate, the parties must pay the attorney's hourly rate (except in the case of legal aid).
