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<B>Courts and Mediation</B><BR>
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How Much Will Mediation Cost?
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<EM>Copyright © Nolo Press</EM>
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This article was adapted from How to Mediate Your Dispute: Find a Solution
Quickly and Cheaply Outside the Courtroom. If you wish to post it on-line
or otherwise distribute it, first read Nolo's copyright policy.
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In nearly all cases, mediating is far less expensive than going to court.
Actual fees will vary depending on the type of case and who does the mediating.
Here are some examples to consider, taken from Nolo's book, Mediate Your
Dispute, by Peter Lovenheim.
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<B>Neighborhood dispute.</B> Three neighbors are involved in a dispute over
disruptive children. Mediation is provided by any of 400 nonprofit community
mediation centers in the United States.
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Typical length of mediation: full-day
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Typical fees per party: $10 filing fee (waived for financial hardship)
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<B>Personal injury claim.</B> A passenger in a car suffers leg and spine
fractures when the driver hits a telephone pole. The passenger and the driver's
insurance company cannot agree on the amount of compensation for these injuries.
Mediation is conducted by a private dispute resolution company.
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Typical length of mediation: half-day
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Typical fees per party: $600
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<B>Business contract dispute. </B>A computer parts company sues Big Computer,
Inc., for $5 million when Big C rejects parts which allegedly conform to
a valid contract. Just before the trial is to begin, the parties decide to
try mediation. Mediation is provided by private dispute resolution company.
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Typical length of mediation: Four days.
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Typical fees per party: $8,000.
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<B>Divorce mediation. </B>A divorcing couple with a house, two cars, bank
accounts, pension plans and three children who are minors are trying to reach
an agreement out of court as to the division of their property and the custody
and visitation of their children. Mediation is provided by an independent
divorce mediator in private practice.
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Typical length of mediation: Six two-hour sessions over two months, plus
five hours to prepare a written agreement.
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Typical cost for couple: $2,215 (split 50-50)
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In considering what type of mediator to use, consider that many cities have
community mediation centers which do an excellent job of handling most types
of routine disputes (consumer problems, neighbor disputes, landlord tenant
fights). For more complicated disputes (business termination, personal injury,
breach of contract) it is often better to turn to a private mediation center.
Several national organizations (JAMS and End Dispute) and a number of regional
groups do a good job. Private divorce mediations are usually handled by sole
practitioners or small local mediation groups. Get a list from the phone
book and check references carefully.
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