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San Diego Divorce & Family Law Resources

How Much Do Divorce Mediation Services Cost in San Diego?

San Diego Divorce Mediation Costs Explained

When it comes to divorce proceedings and family law disputes, mediation is almost always less expensive than divorce litigation. After all, keeping your case out of court keeps you from incurring all of the expenses and legal fees that come along with preparing for and undergoing a trial. Especially for those on a tighter budget, mediation may be the most feasible option for divorce proceedings. Because of its expedited time frame and lower cost, more and more people are turning to mediation. We even offer online mediation. 

With that being said, divorce mediation services still have costs and some uncertainty as to the outcome.. There is nothing a mediator can do to actually compel the parties to an agreement, so both parties must be ready to participate in the process in good faith and with the ability to reach compromise when needed. To help you navigate this process, we've broken down and explained some key principles to understand if you're considering divorce mediation in San Diego County.

Divorce Mediation Costs Explained

Mediation Hourly Fees are Just a Baseline

Most mediators will charge an hourly rate for their services. This rate typically reflects the experience level and services offered by your mediator, but it does not account for all of the costs that you will likely incur. In addition, the hourly fee usually only refers to the hours that you will be in the actual mediation session with the family lawyer. There may also be fees for staff, such as paralegals, to assist in preparing documents and other necessary tasks.  There are also other costs such as the costs associated with filing the divorce case with the Court, which will need to happen even if the case is being mediated.  There may also be the need to engage other experts to assist in valuing property, businesses, and other issues that need non-legal expert opinions. So, while the mediator’s hourly rate can give you an idea of the main expense, it is by no means the only thing you can expect to pay for.

One way to try and better estimate your costs is by doing some research on the firm. Testimonials and reviews are a great place to start. If people feel like they have been overcharged, they will typically be very candid about their feedback. Ideally, your divorce mediator will be as transparent with you as possible throughout the whole process so you can be aware of what exactly you’re paying for.

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What About Flat Rate Divorce Mediation Packages?

Some mediations are offered in the form of a flat-rate package. The costs attached to a certain flat-rate option typically include a fixed number of hours for the mediation session as well as the time and paperwork for processing. While these packages can give you an understanding of your financial responsibilities from the beginning, even these prices are still subject to change.

Think about it, your time and services with your mediator are contractually limited unless you choose to pay more. As mentioned above, mediation is an unpredictable process that may not play out neatly. Say, for example, several issues arise during your divorce mediation session, and it takes much longer to complete than initially expected. This could put you into a position that you were not financially prepared for. 

In a scenario like this, be upfront with the divorce mediator about the unexpected. Are the outlined parameters rigid and unchanging? Or, are their additional fees if the case becomes more difficult. Establishing these expectations from the beginning will keep you from being caught off guard. 

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Being Uncooperative in Mediation is Costly

As discussed above, you can expect to be billed an hourly rate for your time in the mediation session. With this in mind, it is in your and your spouse’s best interest to stand your ground but not be obstinate in possibly reconsidering your positions on the relevant issues. If you are set on a certain arrangement that your spouse disagrees with and unmoving in that arrangement, you may find a lot more time will be needed to work through these differences.  More time will equate to more expense.  In a situation like this, pick your battles wisely and be prepared to work through compromises. Don’t allow your relentlessness to be the reason your mediation breaks the bank.

Divorce Paperwork Costs Can Add Up

You may not realize it but there is a lot of paperwork that needs to be filed as a part of the divorce mediation process. What comes along with all of these forms is an abundance of extra cost. Not only do the individual forms have their own fees to process, but there also has to be someone that prepares, reviews and submits them. Preparing a full and complete marital settlement/legal separation agreement, for example, can take several hours to prepare. It is in most respects a contract that will govern your future as to child custody, support, and property division, so it needs to be thorough and tailored to your needs. Just like you would expect an attorney drafting documents for your new corporation or the dissolution of a business partnership, your mediator ought to be experienced in drafting a marital settlement/separation agreement that is largely defining your immediate familial and financial future. There is a cost for that type of expertise, but it is a necessary and wise expense.

To better understand how to budget for a mediation, ask your San Diego divorce mediator about the expected fees for drafting paperwork.

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Mediation Does Not Make You Exempt From Court Fees

One of the most common reasons people pursue mediation is because of the lower costs associated with it. With court and attorney fees, divorce litigation has become infamous for its expensive price tag. However, choosing divorce mediation services over litigation (traditional divorce) does not completely insulate you from those court fees. In order to make everything official, you will still have to send paperwork to the court. For example, in California, this means having to pay a $435 statewide filing fee.

In addition, it's important to note that mediation is not always successful and either party may exit the divorce process at any time despite that being inadvisable. While mediation is less expensive than the litigation process, it lacks the resources that the courts have. If the case is especially complicated or tension-filled, litigation may become a necessity and you could be charged the very fees you were trying to avoid in the first place. Making sure your situation is a good fit for mediation usually takes a call to an experienced mediator that can guide you in the right direction.

We hope this advice helps shed some light on divorce mediation and get you closer to resolution during these turbulent times. If you choose to pursue mediation for your San Diego divorce, make sure to be diligent and consider the points explained above. If you still have questions, we'd be happy to help you out! You can get in touch with us here for an initial consultation. While it's difficult to be prepared for the unexpected, we're here to help guide you through it. Contact us for an affordable and cost-effective solution for your San Diego Divorce Mediation needs. We can even provide a virtual mediation service.

Mediation 101James Vercollone