What drives estate mediation costs?
| Cost component | Typical range |
|---|---|
| Mediator's fee (per party, half-day) | $800–$2,000 |
| Mediator's fee (per party, full day) | $1,500–$4,000 |
| Legal representation at session | $1,500–$4,000 (solicitor's day rate) |
| Preparation (position papers, asset schedules) | $1,000–$3,000 (billed by your lawyers) |
Who pays for estate mediation?
In estate disputes, the mediator's fee is typically split equally between the estate (on behalf of the executor) and the claimant(s). Each party bears their own legal costs. Where there are multiple claimants, they may share the claimant's portion of the mediator's fee.
In court-ordered mediations, costs are sometimes paid from the estate as part of the estate administration costs — subject to the court's orders. Confirm the cost allocation with your legal adviser before booking.
Why litigation is far more expensive
Contested estate matters — particularly family provision claims — are among the most expensive civil disputes in Australia. A two-day Supreme Court hearing with barristers commonly costs $80,000–$200,000 per party in legal fees. These costs are frequently paid from the estate, reducing what all beneficiaries ultimately receive. A one-day mediation that resolves the matter costs all parties combined what a single day of Supreme Court litigation costs one party.
Worked example
A family provision claim against a $1.2M estate. Claimant seeks $250,000. Estate mediation: mediator $2,500 (split $1,250 each), solicitor for claimant $1,800, solicitor for estate $2,000, preparation $1,200 each. Total per party: approximately $3,000–$4,000. Settlement: $180,000 to the claimant. Estate proceeds to distribution. If litigated instead: each party spends $80,000–$150,000. Estate is substantially diminished.
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