The parties involved in cross-border mediation should have access to a clear overview of the costs they will incur from the mediation.
The use of mediation may often be influenced by its costs. The free mediation which exists in some Member States obviously facilitates access to mediation. This also applies when those costs can be covered by the legal aid system.
However, where the parties are charged right from the first information meeting on mediation, it is crucial for them to have transparency with regard to the costs of any mediation. In practical terms, this transparency could be achieved by preliminary fixing of the mediators’ fees by law or by judges and/or by making them part of the mediation contract that is concluded between the mediator and the parties before starting the mediation. In addition, the parties should have access to lists of fees.
More information on costs of mediation in the Member States can be obtained on the page Mediation in Member States.
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Last update: 18/01/2019