The compensation of court-connected mediators for court-ordered mediations is required to be the same as for arbitrators in the judicial arbitration program and may be paid from funds allocated to pay those arbitrators. CCP §1775.8. That sum is $150 per case, paid from Trial Court Trust Funds.
These policies apply to all Court-Ordered Mediations conducted by a panel member, whether accepted based on court assignment or party stipulation.
Court-Ordered Mediation (Mandatory Court-Ordered Mediation per Local Rule, Title 3, Division 2):
a. Civil Mediation Panel Mediators may bill the court $150 for the first three (3) hours of mediation services which include one hour of pre-mediation activities, as described below, and two hours of actual mediation. Mediators must use the Mediator’s Fee Statement.
b. Panel mediators may not charge any additional fees or costs for the first three (3) hours.
c. After the third hour, Panel Mediators may bill the parties based on private fee arrangements pursuant to a written agreement signed before the mediation began.
d. Before starting a Court-Ordered Mediation, Panel Mediators and parties must agree, in writing, to any fees that the mediator will charge if the mediation continues beyond three (3) hours of mediation services. An optional stipulation is available, click here.
Pre-mediation services include:
Conflicts checks; confirming parties' completion of necessary discovery and motions before the session; scheduling; submitting court forms; review of mediation briefs; background discussions and correspondence; and confirming attendance by all necessary participants, including insurance representatives, 48 hours in advance of the scheduled session.
This policy is intended to encourage mediators, counsel and parties to invest time in pre-mediation activities that promote settlement.
a. Panel mediators may make private fee arrangements with parties and lawyers.
b. Before starting a mediation, mediators must notify parties, in writing, of the mediator’s rates and any deposit, cancellation or other policies.
Compensation Policies for both Court-Ordered and Voluntary Mediation
- Panel mediators will be compensated directly by the parties, except for the first three (3) hours of Court-Ordered Mediation, as described above. Mediators will be responsible for the collection of fees. The court will not assist with collection or other fee dispute issues pertaining to mediation under the Civil Mediation Programs.
- The fees and expenses of the mediators must be shared equally by the parties, unless otherwise agreed by the parties.
- Panel mediators must declare their individual hourly rates and any deposit or cancellation policies in their on-line Mediator Profile.