Fee And Term
Mediation Fees And Terms
Half-day and full-day sessions at a fixed price, split between the parties, with preparation included.
Session Rate
Sessions are charged at a flat rate rather than by the hour. The below fees include preparation time, private intake calls with each party and the session itself.
For context, contested trust and probate litigation in California commonly costs each side between $50,000 and $250,000 before trial. A mediated settlement usually costs each party a low four-figure sum.
Half-day session
Up to four hours, suitable for a single-issue dispute or a family meeting.
$2,500
Full-day session
Up to eight hours, suitable for most trust, probate and multi-party disputes.
$4,000
Additional time beyond the booked session
Charged only in matters where both parties ask to continue beyond the set time.
$500/hr
Fees due no later than three business days prior to scheduled session.
WHAT'S INCLUDED IN FEE
Mediation Fee Includes
A private intake call with each party before the session.
Review of the trust, will, amendments, accountings, deeds and correspondence at issue.
The mediation session itself, held virtually (in person available if needed).
Joint and separate sessions as the matter requires.
What not Included in fee
What Your Mediation Fee Does Not Include
Legal advice to any party. As mediator I am neutral and represent nobody.
Your own attorney's fees, if you choose to be represented.
Court filing fees, or the cost of obtaining court approval where a settlement requires it.
Third-party costs such as property appraisals, business valuations or forensic accounting, which the parties agree and share separately.
Implementation of the settlement afterward, such as deed transfers or trust administration, which is a separate engagement.
How Fees Are Split
Fees are typically divided equally between the parties.
Parties are free to agree a different split, and sometimes do. A trustee may pay from the trust where the trust permits it. One party may cover the whole fee to get the process moving. In a family meeting the parent may pay.
The Mediation Agreement
Before any session, every party signs a mediation agreement. It covers confidentiality, the fee and how it is split, the format, my role as a neutral, and the fact that I do not represent anyone and do not give legal advice in that role. It also confirms that any party may bring their own attorney.
Confidentiality is not simply a promise in that document. Under California Evidence Code sections 1115 to 1128, communications made for the purpose of mediation are inadmissible in court and not subject to discovery. The exception is the signed settlement agreement itself, which is drafted with the wording section 1123 requires so that it can be enforced.
Conflicts
Before accepting a matter I check for conflicts with every party and, where relevant, their attorneys. If I have advised anyone involved, or drafted the instrument in dispute, I will say so at the first call. In some cases the parties can waive a conflict in writing and in others I will decline the matter. That check happens before any fee is taken.
FREQUENTLY ASKED QUESTIONS
Common Questions Before Booking
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Private mediators in this market typically charge between $1,500 and $4,000 for a half day and $3,000 to $8,000 for a full day, split among the parties. My rates are set out above. For comparison, contested trust and will litigation in California commonly costs each side $50,000 to $250,000 before reaching trial, frequently paid out of the estate that the parties are arguing over.
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Usually the parties split the fee equally, which is the default here. Other arrangements are common: a trustee paying from the trust where the trust allows it, one party paying to get the process started, or a parent paying for a family meeting. Whatever the parties agree is written into the mediation agreement before the session.
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No. Sessions are a flat rate with preparation included, so the cost is known before you book. Additional time is only charged where the parties ask to continue beyond the booked session, at the rate above. There is no clock running on phone calls or emails.
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Great! This happens more often than people expect, because the process of preparing tends to move positions.
BOOK A FREE CONSULTATION
Start With a Conversation
If a trust dispute is building in your family, the cheapest time to deal with it is now, before positions harden and before legal fees start coming out of the trust. If you think mediation might help you, give us a call at 310.853.2667, email info@honeybrookslaw.com, or use the booking form.