Both people pay, and both people are free to try another way of solving their issues via arbitration, negotiation or even the new pilot project JDR (in Ontario). People can choose to reconcile or to litigate, or they can choose to return to mediation again at another time. The beauty of mediation is that you always have a choice. You can choose to end mediation sessions, and you can also choose to come back in months or even years later!