- Ontario mediators generally set their own fees, since there is no government fee schedule for private mediation, unlike court filing fees, which are set by regulation.
- In most private mediations, the parties split the mediator’s fee, often equally, though this is negotiable and can be addressed in the mediation agreement itself.
One of the first questions people ask before agreeing to mediation is simple: what is this actually going to cost me? Unlike court fees, which are set by regulation, mediation costs in Ontario are largely a private, negotiated matter between the parties and the mediator, which means the answer is "it depends," but there are predictable patterns worth understanding before you commit.
This guide breaks down how mediator fees typically work, who usually pays, and how the overall cost of mediation tends to compare with the cost of litigating a dispute through to trial.
How Mediators Typically Charge
Ontario mediators generally set their own fees, since there is no government fee schedule for private mediation, unlike court filing fees, which are set by regulation. Common fee structures include:
- Hourly rates — billed for time spent preparing, in session, and sometimes for follow-up
- Flat per-session rates — a set fee for a defined session length, regardless of exact hours
- Sliding scales — some mediators or mediation programs offer reduced rates depending on the amount in dispute or the parties’ circumstances
Fees vary considerably depending on the mediator’s experience, the complexity and value of the dispute, and how many sessions are needed. There is no fixed, evergreen number to quote — always ask a prospective mediator for their current rate directly.
Who Pays the Mediator?
In most private mediations, the parties split the mediator’s fee, often equally, though this is negotiable and can be addressed in the mediation agreement itself. In mandatory mediation under Rule 24.1, which applies to Superior Court civil actions in Toronto, Ottawa, and Windsor (Essex County), the applicable rules and roster arrangements typically set out how cost-sharing works for mediators drawn from the roster.
A contract’s dispute resolution clause can also specify in advance how mediation costs will be shared if a dispute arises later, which is worth checking if you’re negotiating a new agreement.
Mediation Costs vs. Litigation Costs
| Cost Factor | Mediation | Litigation Through Trial |
|---|---|---|
| Who sets the fees | Privately negotiated with the mediator | Court fees set by regulation; lawyer fees negotiated separately |
| Number of proceedings | Typically one or a few sessions | Multiple steps over months or years — pleadings, discovery, motions, trial |
| Court filing fees | None | Yes — for example, issuing a Statement of Claim in the Superior Court of Justice cost $243.00 and filing a first trial record cost $859.00, as of mid-2026 (figures change — verify the current amount before relying on it) |
| Legal fees, if represented | Typically limited to preparation and attendance at one process | Accumulate across every stage of the litigation, especially if the matter goes to trial |
| Cost if the other side "wins" | Not applicable — no binding outcome unless you agree | The losing party is often ordered to contribute to the winning party’s legal costs, at the court’s discretion |
Why Mediation Is Usually the Cheaper Option
Mediation tends to cost less than full litigation for a few structural reasons:
- It typically resolves in one or a handful of sessions, rather than the many procedural steps a lawsuit requires
- There are no court filing fees for the mediation process itself
- Legal fees, if you use a lawyer, are generally limited to preparing for and attending the sessions, rather than accumulating through months or years of pre-trial procedure
That said, mediation isn’t free, and a mediation that fails to resolve the dispute means you’ve paid for the session and still face the cost of litigation or arbitration afterward.
When the Cost Comparison Isn’t So Simple
- High-value or complex disputes may need a more experienced, and more expensive, mediator, several sessions, or extensive document preparation, narrowing the cost gap with litigation.
- A dispute that would likely have settled anyway makes mediation clearly worthwhile; a dispute that was never going to settle no matter what may mean the mediation cost was, in hindsight, an added step rather than a saving.
- Court cost awards can shift the calculus — if you’re confident you’d win at trial and recover costs, the comparison looks different than if the outcome is genuinely uncertain.
Frequently asked questions
Is mediation ever free in Ontario?
Some community and court-connected mediation programs offer reduced-cost or subsidized mediation in specific circumstances, but private mediation for most civil disputes involves a fee for the mediator’s time. Ask about cost upfront before agreeing to a specific mediator.
Do I still need a lawyer if I’m going to mediation?
You’re not required to have one, but legal advice before and during mediation, to help you understand your position and evaluate any settlement offer, is often worth the added cost, especially for disputes involving meaningful money or complex issues.
What happens to the mediation fee if we don’t reach a settlement?
You generally still owe the mediator for the time spent, since the fee covers the process itself, not a guaranteed outcome. This is typically addressed upfront in the mediator’s engagement terms.
Is mediation cheaper than arbitration?
Usually yes. Mediation is typically a shorter, less formal process, while arbitration more closely resembles a private trial, with evidence, submissions, and a longer overall timeline, which generally makes it more expensive than mediation, though often less expensive than a full court trial.
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