
Mediation is a valuable option for many family cases, and we encourage you to use it where appropriate. Mediation may resolve matters faster and avoid lengthy litigation. It may also allow you to conserve your general preparation hours to focus on the most critical issues.
Family Standard Contracts have several tariff items to assist with mediation or another form of out-of-court dispute resolution. You can bill your time attending mediation as “Attendance for out-of-court dispute resolution;” 15 hours are pre-authorized. Preparation time is billable as “Preparation for out-of-court dispute resolution;” 10 hours pre-authorized.
Out-of-court dispute resolution also applies to arbitration, formal collaborative meetings, or other interest-based settlement meetings where negotiations are conducted in the presence of your client, opposing counsel, and the opposing party. This applies to shuttle mediation too. Please note these items should not be used for informal negotiations with opposing counsel. You can bill for informal negotiations under general preparation.
For the mediator, LABC expects both sides to split the cost of mediation. If that is not possible, please submit an authorization request explaining the circumstances. We compensate mediators at an hourly rate of $110. We can also compensate mediators for meterage (up to 250 kms) when the mediation is in person. Family Standard Contracts and Family Limited Representation Contracts have mediator disbursements included. We pre-authorize 5 hours of preparation for mediation/arbitration and 7.5 hours of attendance for mediation/arbitration. This represents up to 15 hours of mediation (as both parties should contribute 50 percent). If the other party is not receiving legal aid, the mediator may charge their portion at their standard rate. Should additional funds be required, please submit an authorization request.
For those struggling to find a mediator in your area, keep in mind that mediation does not need to be in person. Virtual mediation may be prudent for rural locations or where parties live far apart. As mentioned, counsel also can use the out-of-court dispute resolution fees for a four-way meeting if a mediator cannot be found.
Having trouble finding a mediator to work at LABC rates? Our experts database — found under Resources & News in the Lawyer Portal — has more than three dozen mediators listed. If you are a mediator who wants to be added to our database, please email Lawyer Services. For questions about mediation, mediators, or assistance billing, email Lawyer Support.