How is the mediator's fee determined?
The mediator’s fee is typically determined by agreement amongst the parties. Each party is usually encouraged to contribute to the mediator’s fee in order to keep the process fair. In North Carolina, the mediator’s fee is usually calculated based on the number of parties involved in the mediation and the number of hours the mediation takes. Most mediators in North Carolina base their fee on an hourly or per diem basis. This means that parties should expect to pay a certain amount per hour or per day. Additionally, for larger cases, mediators may require a flat fee to cover the entire case, which is usually determined in advance. Although the fee is typically split between the parties, it is important to note that the mediator’s fee does not necessarily come out of the settlement amount. Usually, the parties must pay the mediator’s fee separate from any other settlements or awards. In order to ensure that the mediation process is fair to all parties, it is important to make sure all parties are aware of and agree to the mediator’s fee in advance of the mediation. It is also important to remember that the mediator’s fee should never conflict with any applicable state or federal regulations.
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