Mediation vs. Litigation Cost

Private mediation typically costs $2,000-$10,000 total (mediator fee usually $250-$700/hour, often split, plus minimal attorney prep). Litigated cases routinely cost $25,000-$250,000+. Even adding pre-mediation discovery, mediation usually costs 5-20% of full litigation.

Studies and provider data consistently show mediation settles roughly 70-85% of cases that participate, with most surveys clustering around an 80% success rate. Settled cases also resolve in weeks or months instead of the 1-3+ years a litigated case can take.

When you need a public ruling or precedent, when one side will not negotiate in good faith, when urgent injunctive relief is needed, or when there are serious power imbalances (such as domestic violence). Cases involving fraud, criminal conduct, or constitutional issues often need a court.

No. Mediation is non-binding; the mediator helps the parties craft their own settlement. A signed settlement agreement is enforceable as a contract. Arbitration, by contrast, results in a binding award that courts will enforce except in narrow circumstances.