Mediation Fees for Personal Injury and Clinical Negligence Claims
Clear fee information for active claims
Mediation cost is a practical consideration for every legal team. Trust Mediation’s mediation fees are structured to support cost planning, internal approval and clear client communication. Fees are typically based on the length of the session, the complexity of the claim, the number of parties and the level of preparation required. Fees may also reflect the claim value, particularly where the dispute is high-value, complex or requires a more experienced mediator or longer preparation time.
The aim is to give the parties a clear understanding of the cost before the mediation is confirmed, so that the process can be assessed against the likely cost of continued litigation.
| Mediation Duration | Venue | Fee |
|---|---|---|
| Full Day | Online | From £2,430 + VAT |
| Full Day | In Person | From £2,700 + VAT |
| Half-Day | Online | From £1,700 + VAT |
| Half-Day | In Person | From £1,890 + VAT |
The exact fees depend on the value of the claim and are to be split equally between the parties unless they agree to an alternative arrangement (for example a defendant may agree to pay the whole fee where liability has been admitted).
What the mediation fee usually includes
A mediation fee will normally include:
- Appointment of the mediator and confirmation of the format (whether online or in person)
- Pre-mediation discussions with the legal teams
- Reading of the mediation bundle, with additional fees agreed in advance where lengthy bundles are provided
- The mediation session itself, including private and joint sessions where appropriate
- Mediator involvement in managing the process on the day
- Reasonable post-mediation follow-up where needed
Additional costs, such as travel and accommodation where required for in-person mediation, are charged in addition. Additional hours beyond 4 hours for a half-day mediation or 8 hours for a full-day mediation are charged at £325 per hour plus VAT. Any additional costs will be clarified before the mediation is booked.
Half-day & full-day mediations
Many claims can be handled within a half-day or full-day mediation. The right format depends on the issues, parties and value. A shorter process may be appropriate for a focused dispute, a lower-value claim or a narrow issue. A full-day mediation may be more suitable for high-value, complex, multi-party or sensitive claims.
The choice should be proportionate. A mediation should provide enough time for the parties to engage properly without creating unnecessary cost.
How fees are shared
In many mediations, the parties agree to share the mediator’s fee equally. Different arrangements may apply under particular schemes, court orders or party agreements. If it is clear to all concerned that the defendant will be paying some damages, the defendant typically agrees to pay the costs of the mediation.The basis for payment should be confirmed before the mediation is arranged.
Legal teams may also need to consider how the mediation fee interacts with recoverability, client funding arrangements, insurer approval and wider litigation budgets. Those matters should be addressed by the legal representatives in the usual way.
Costs, ADR conduct and litigation risk
The court may take the parties’ conduct in relation to ADR into account when considering costs. This can include whether a party has failed to engage with ADR where it was appropriate to do so. Mediation fees should therefore be considered not only as a standalone cost, but as part of a wider case strategy, proportionality and potential cost exposure. Legal representatives will need to advise their clients on cost recovery, funding and any case-specific implications.
Important: If a settlement is reached on the basis that a defendant will pay damages plus costs to be assessed, there should be an explicit agreement about who pays the mediation fees - absent which any agreement in the Mediation Agreement that each party pay 50% of the fees will prevail, regardless of the settlement agreement.
Assessing cost against litigation risk
Mediation should be considered in the context of the wider claim. The cost of a mediation may be modest compared with further expert evidence, trial preparation, counsel’s fees, court fees, ongoing solicitor time and the risk of adverse costs arguments.
Even where a case does not settle on the day, mediation may still provide value by narrowing issues, settling discrete issues, exposing information gaps, resetting expectations or making later settlement more likely. Cost-effectiveness should therefore be assessed against the full litigation lifecycle, not only the day itself. By the end of a mediation, where settlement is not achieved, the parties will usually be very clear on the issues that need to be prepared for trial.
Common cost concerns
Some clients may be reluctant to incur mediation costs because settlement is not a guaranteed outcome. That concern is understandable. Mediation does not promise an outcome. It provides a structured opportunity to resolve the claim earlier, reduce uncertainty and manage risk which is usually, but not always, successful.
For claimant teams, the commercial value may include earlier payment, improved client experience and conversion of work in progress. For defendants and insurers, the value may include reduced indemnity spend, reduced claim life cycle and more predictable claims handling.
Fee clarity before booking
Before confirming a mediation, Trust Mediation can provide information on the expected fee, what is included and any factors that may affect cost. This helps legal teams advise clients, obtain approval and compare mediation with alternative routes, including continued negotiation, JSMs and litigation.
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FAQs
It usually includes mediator preparation, pre-mediation discussions, the mediation session and reasonable follow-up, subject to the terms agreed.
Fees are typically based on session length, claim complexity, number of parties and preparation required.
The cost of mediation is usually assessed against the likely cost of continuing the claim, including further evidence, solicitor time, counsel’s fees, trial preparation and court-related costs. The comparison will depend on the value, complexity and stage of the claim.
It can be. A mediation may narrow issues, resolve discrete issues, support later settlement, and help the parties reassess litigation risk.
Payment timing should be confirmed when the mediation is booked and will depend on the terms agreed by the parties.
Make An Enquiry
Share a few details about the claim, the parties and the stage of the case. We will come back with a suggested ADR route and the next practical step.
Initial Conversation
Tell us about the claim, the parties and the stage you are at.
Mediator Selection
You select a suitable independent specialist mediator.
Preparation
Pre-mediation discussions help clarify issues and prepare the day properly.
Mediation Day
A structured process focused on helping parties reach resolution, often within a single day.