The parties pay for the mediator, and they usually share the fee equally. They can agree to a different split, for example where one party is a business and the other an individual, or where one side proposed the mediation.
The cost split is normally recorded in a mediation agreement signed before the session. That agreement also covers confidentiality, the mediator's role, and what happens if the mediation is cancelled.
Court-annexed mediation
The magistrates' courts run a court-annexed mediation process. Where the High Court is involved, Uniform Rule 41A requires each party to state whether it agrees to mediation. In both cases the costs of the mediation are still generally shared by the parties, unless they agree otherwise.
If the mediation settles the dispute, the settlement agreement can also say who bears the mediation costs and legal costs.
Need help with this? See Mediation.
This answer is general information about South African law and does not create an attorney and client relationship. Please speak to the firm about your specific matter.