How Much Does it Cost?
When working out how much it will cost to deal with a problem, you need to take into account:
- Fees or charges for the alternative dispute resolution service (if it is not free);
- Your own expenses, including things like travel and photocopying;
- The cost of legal help and advice; and
- The risk of you not getting what you want.
For example, you need to know if you will be responsible for paying the other side's legal fees and other expenses if you lose. And you need to know if you can expect to get your costs and expenses paid if you win.
The principle that applies in UK courts is generally that the 'loser' pays the other side's expenses as well as their own. However, in alternative dispute resolution, the general principle is that each side pays their own expenses.
Mediation costs can vary, depending on the type of mediation. For example:
- Community mediation is usually free to local residents;
- Child-focused mediation is available free of charge, although contributions towards the cost are welcomed. Mediation on finance and property issues may involve a charge for these services. Some services have a scale of fees, so what you pay depends on how much money you have. You may be able to get help with some of the costs of family mediation through Legal Aid; and
- Commercial mediation providers make a charge depending on the complexity and value of the claim.
Sometimes, the organisation you are complaining about might pay all the costs because they are the financially-stronger side. Most consumer arbitration schemes run by the Chartered Institute of Arbitrators cost between 10 and 100, but some are free.
And if you win your case, you will get back any fee you have paid. Ombudsmen services are free but the organisation you are complaining about may have to pay a fee to be a member of the ombudsman scheme.
Expenses
You may have to pay for travel expenses, childcare costs, and time off work if you have to go to a hearing.
Photocopying evidence can be expensive, so don't forget this cost if you are using a process such as arbitration that relies on you providing many documents.
Ombudsman schemes tend to be the least expensive to use. Community mediation doesn't cost much either.
It usually involves face-to-face meetings, so you may have to pay travel and other expenses, but you may be able to get these back as part of a mediated agreement if both sides agree to this.
Can I get help with the costs?
Mediation
If you are in receipt of, or are eligible to receive advice and assistance or civil legal aid, then depending on your circumstances all or part of the costs of mediation in family and non-family cases may be met for you.
This will apply only to your own share of the total mediation fee, and not any share to be borne by an opponent or opponents.
'Family cases' are actions involving husband and wife or, in cases relating to children, the parents of these children.
Mediation is available both from Family Mediation Scotland and from accredited solicitors who are members of CALM (Comprehensive Accredited Lawyer Mediators).
In 'non-family cases' there is no restriction on the type of case that can be considered suitable for mediation.
In such cases, requests for mediation involving mediators accredited by the Association of Mediators, the Centre for Dispute Resolution or the Law Society of Scotland will normally only be considered. However, other accredited specialists can be considered.
It is normally expected that parties will enter into a legally binding agreement at the conclusion of the mediation.