Key takeaway: There is no rule that mediation fees must be divided equally. The arrangement depends on the provider, the agreement between participants, and — where a reduced-fee pathway is used — each person's individually assessed financial capacity. Under Access Mediation, each participant's contribution is assessed privately and separately from the other's.
Are Mediation Fees Always Split 50/50?
No. There is no universal rule that mediation fees must be divided equally. How the cost is shared depends on the service, any agreement between participants, and whether a reduced-fee or individually assessed pathway is used.
In standard private mediation, the most common arrangement is for each participant to pay their own share — which is typically equal if using a flat-rate schedule. But participants can agree to a different arrangement, and some private providers offer assessed models where contributions are not equal.
Can Participants Pay Different Amounts?
Yes. Under an individually assessed reduced-fee model, each participant's contribution is calculated based on their own income, assets, and circumstances. Two participants in the same mediation can end up paying significantly different amounts without either being entitled to know what the other is contributing.
This arrangement is designed to remove the assumption that both parties have equal financial resources — an assumption that is frequently wrong after separation.
If the standard fee is difficult for you but your partner can afford it, you may still qualify for a reduced contribution.
Check your indicative contribution →What Happens in Standard Private Mediation?
In most standard private mediation, the fee is set as a flat per-person rate. The Mediator Standards Board (AMDRAS) sets accreditation standards for mediators but does not prescribe how fees must be allocated between participants.
In practice, each participant usually pays their own share directly to the mediation provider. A participant's financial circumstances are not typically taken into account in setting the fee under a standard arrangement.
Mediations Australia's standard fee is $1,500 + GST per participant for a 3-hour session, or $2,250 + GST per participant for a full day. See our full fee structure for details.
What Happens Under Access Mediation?
Under Access Mediation, each participant is assessed separately. Your contribution is calculated based on your personal gross annual income, your accessible assets, the number of dependants you support, whether you hold a concession card, and whether you have a genuine hardship circumstance.
Your partner's financial situation has no bearing on your assessment. You may qualify for a reduced contribution even if your former partner earns significantly more. You may also pay a different amount from your partner without either of you being told the other's contribution or the financial details behind it.
Will the Other Person Know What I Pay?
No. Under Access Mediation, your financial assessment and contribution are entirely private. The other participant is never told your income, your assets, your hardship circumstances, or your contribution level.
Your contribution assessment under Access Mediation is private — your partner will never know your financial details.
See how Access Mediation works →What If One Person Refuses to Pay?
If the other participant refuses to pay their share of the mediation fee, the mediation session generally cannot proceed. A mediation provider cannot force someone to attend or pay for mediation.
If the other party refuses to participate in mediation for parenting matters, this may be relevant if you later need to file for parenting orders — as the Family Law Act 1975 requires genuine attempts at FDR before court proceedings in most parenting matters (with some exceptions). In some cases a section 60I certificate can be issued noting that the other party declined to attend.
What If I Can't Afford My Share?
If standard private mediation fees are genuinely out of reach, several options may apply:
- Apply for Access Mediation and have your contribution assessed against your personal financial capacity.
- Use a government-funded FDR service such as a Family Relationship Centre, which may be free or low-cost for eligible participants.
- Contact Legal Aid in your state to assess whether you meet the eligibility criteria for funded legal assistance.
See Can't afford mediation? Your options in Australia for a full overview of available pathways.
Next Steps
- Check whether you qualify for a free or subsidised government service.
- If not, check your indicative contribution under Access Mediation using the calculator on the Access Mediation page.
- If you have questions about your specific circumstances, book a free initial consultation.
General information only. This is not legal advice.