Rule 41.Mediation fees
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 41
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002 and by order entered and effective December 1, 2005.]
Plain-English Summary
Mediation services are ordered at hourly fees that are affordable to the parties and consistent with the approved sliding scale. Affordability is written into the rule rather than left to negotiation.
The court may apportion the costs of mediation between the parties based on their abilities to pay — so an unequal split is available where their means are unequal.
And the ceiling is absolute: no mediator may charge a fee for court-ordered mediation greater than the sliding scale provides. That cap applies to court-ordered mediation; under Rule 40(b), a mediator the parties choose themselves for later financial sessions is not subject to the scale.
Frequently Asked Questions
How are mediation fees set?
At hourly fees affordable to the parties and consistent with the approved sliding scale.
Can one party be made to pay more?
Yes. The court may apportion the costs of mediation between the parties based on their abilities to pay.
Can a mediator charge above the scale?
Not for court-ordered mediation. No mediator may charge a fee for court-ordered mediation greater than the fee provided by the approved sliding scale.
Does the cap apply to privately arranged mediation?
No. Under Rule 40(b), a mediator the parties select themselves for subsequent financial mediation is not subject to the approved sliding fee scale.
Who sets the sliding scale?
It is the approved scale — that is, approved by the supreme court of appeals under the definition in Rule 2.