The attorneys need to make certain that the parties understand that the mediator needs to get paid at the end of mediation unless other arrangements have been made. The mediator will likely have your client sign a contract for those fees, but sometimes the clients seem to forget the details of those agreements. Some attorneys pay the mediation fees out of their escrow funds. Some mediators make the attorney and/or the firm personally liable for fees if the client does not pay those fees.
In civil cases, payment of the mediator is rarely an issue. In family law cases, the client needs to understand that, unless otherwise agreed, payment is due at the end of mediation. Mediation fees can always be negotiated as part of the underlying agreement, but the mediator should not be in a position to negotiate about his or her fees. I had a mediation where the lawyer for one of the parties simply assumed that I would be okay with the mediation fees being paid out of some other funds that were to be paid out to his client out in 90 days. The mediator should always have a provision indicating that the mediator shall be entitled to reasonable attorney fees if a party does not timely pay their invoice. Unfortunately, I’ve had result to seeking court relief on a few occasions to get paid. With pro se parties, I have strongly considered having them deposit a certain amount of funds in escrow before mediation to avoid problems at a later date.