Who pays the mediator's fees in Ontario mandatory mediation?

Under Ontario's mandatory mediation rules (Rule 24.1), the parties share the mediator's fee equally unless they agree otherwise. Each party pays an equal portion of the mediation costs. In practice, the cost-sharing arrangement is often addressed in the agreement to mediate that the parties sign before the session begins, and parties are free to negotiate a different split if they all agree.

Mediator fees in Ontario vary widely depending on the mediator's experience, the complexity of the case, and the anticipated length of the session. Some mediators charge a flat rate for a half-day or full-day session; others charge an hourly rate. The Ontario Mandatory Mediation Program maintains a roster of mediators, and for cases where a party cannot afford the standard fee, a reduced-fee roster is available.

Parties also need to account for their own legal costs in preparing for and attending mediation — their lawyers' time. These costs are borne by each party individually. While mediation adds an upfront cost to litigation, the potential savings from settling early rather than proceeding to a multi-day trial are usually substantial. Even an unsuccessful mediation can narrow issues and reduce the overall cost of the case.