The cost of mediation has two dimensions. First, mediator costs should be decided by the parties and the mediator in the very beginning of the process. Article 7 of mediation Code regulates mediator’s fees. In the absence of an agreement, or unless otherwise agreed by the parties, the mediator’s fee is determined according to the “Mediator’s Minimum Fee Tariff” set by the Ministry of Justice; fees and costs are equally shared between the parties.
The other dimension affecting cost is the mediation process itself. According to Article 18 of Mediation Code, if the mediation process is terminated due to the absence, without cause, of one party at the initial meeting, the absent party must bear all costs of litigation, even if that party succeeds in the subsequent litigation. However, if both parties are present at the initial meeting, they have the opportunity to end the mediation process and file a lawsuit instead.
If the parties do, indeed, reach a resolution by the end of the mediation, costs are distributed equally between parties. In cases where mediation is terminated due to the absence of parties, or if the mediation meeting takes less than two hours and the parties cannot reach an agreement, the two–hour fee is paid by the Ministry of Justice.