Mediation vs. Litigation
Getting Divorced: Two Ways To Go About It
| Mediation | Litigation | |
| Rate | $250/hour for mediation time (shared between parties) Document preparation fees: $1800-$3800. Average total: $2,000-$5,000 |
Average rate for attorneys $250-$300/hr each Average total: $20,000 per person |
| Time Involved | Average time: 3-6 months (depends on needs of couple) |
Average time: 2 years (depends on court schedule) |
| Tone of process | Business-like but informal |
Formal, adversarial |
| Role of the law | Legal information provided by mediator, but no legal advice given |
Legal information and legal advice given by counsel |
| Impact on children | Children’s interests are central to decision making; interim agreements possible |
Children often become “pawns” in the battle between spouses |
| Voluntary compliance with child support agreements | Nationwide figures around 80% |
Nationwide figures around 40% |
| Emotional cost to parties | Allows for healthy airing of diverse views and emotions More comfortable, cooperative |
Increases anxiety and stress Little opportunity to address concerns Stressful, adversarial |
| Impact on communication | Promotes improved communication. Sets stage for joint decision making. Encourages personal responsibility |
Discourages communication. Sets stage for future disagreements and possible court appearances |
| Decision Making | Clients make their own decisions |
3rd parties (judges and attorneys) make decisions |
| Confidentiality | Discussions and financial information are confidential Usually no court appearances |
Hearings are open to the public Financial information is part of the public record Several court appearances |
