Cost is one of the first questions clients ask about mediation, and the honest answer is that it depends on the mediator, the complexity of the dispute, and how prepared the parties are. The figures are agreed case by case, but the structure of the costs is predictable. It helps to know what you are actually paying for.
How much does mediation cost in Kenya?
The largest item is the mediator’s fee. In private mediation the mediator charges by the hour or the day, as recorded in the agreement to mediate. In court-annexed mediation the parties share the mediator’s fees as the applicable schedule provides, unless they agree otherwise. Beyond the mediator’s fee, budget for preparation time, professional advice, and, for private sessions, the venue.
What the bill covers
- The mediator’s preparation, reading, and time in session
- Administration and venue costs in private mediation
- Your own legal advice before and during the process
- Drafting and review of the mediated settlement agreement
Who pays for mediation?
In most matters the parties share the mediator’s fees equally, whatever the outcome, and each side bears its own representation costs. The parties may agree a different allocation, and the settlement agreement commonly deals with costs as one of its terms. Where one party’s conduct has made the dispute harder to resolve, a court dealing with costs may take that conduct into account.
Is mediation cheaper than going to court?
Measured against full trial litigation, a settlement reached in a day or two of mediation usually costs less in fees, management time, and uncertainty. The indirect savings are often larger than the direct ones: executive hours recovered, commercial relationships preserved, and a resolution that does not hang over the business for years. Ask the mediator, or your advocate, for an estimate of total cost before the date is fixed.
Before appointing a mediator, take advice on the fee structure and the realistic scale of your dispute. CS Advocates LLP advises on mediation strategy and costs; see our practice areas or read more about the firm.
For guidance on your specific situation, contact CS Advocates LLP , call, WhatsApp, or book a confidential consultation with a certified mediator at our Westlands, Nairobi office.