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