| Mediation | Litigation |
|---|---|
Cost Savings: | |
| $160 an hour total ($80 an hour per party) | $5000-$7000 retainer per party or $10,000-$14,000 total to start |
| Typical cost of divorce $320-$1,280 (2-8 hours is typical) | $10,000-$14,000 or more total (50% of litigated divorces cost over $50,000 per the film DivorceCorp) |
| No hidden fees | "Scheduling Fees" of often $1,500 on top of hourly fees. |
| Child support Negotiations: $160 an hour ($80 per party) | Often $3,500 for Child Support Mediations or Updates |
| Money saved can benefit the family | Money spent results in further resentment toward one's ex-spouse |
Time-Efficient | |
| Mediation expedites the divorce process | Litigation can result in the divorce being delayed months or even years |
| By being done earlier, parties get to move on with their own lives quicker | The drawn out process prevents one from starting over with their lives |
| Evening and some weekend appointments are available | The courts are open limited times |
Control of the Process: | |
| The parties get the final say | Lawyers battle each other in court and the judge gets the final say |
| Empowering | Stressful |
| Parties get to solve their own challenges & create their own solutions | Proposed solutions are shot down by the other party's attorney |
| Peaceful Process | Hostile Process |
| Win-Win | Win-Lose or Lose-Lose |
| Confidential Process | Court records and transcripts can be public records spreading your private life and information to the public |
| Fair and Just Solutions | You may not like the court imposed decisions and feel they are unfair, and that you didn't have a say |
Improves Future Communication: | |
| Collaborative and respectful communcation with ex-to-be | Argumentative and added frustration with your ex-spouse |
| Can address important emotional issues | Each spouse communicates only with their own attorney |
| Positive communication skills are learned | After divorce, ex-spouses still do not know how to communicate productively, creating possible future disputes |
| Sometimes parties receive the apology and forgiveness they inwardly seek | Litigation and court often results in more anger and frustration |
| Humor is allowed as appropriate | Humor rarely exists in court proceedings |
Impact on the Family: | |
| Parents are more likely to follow mediated agreements | Court imposed judgements are followed less than mediated agreements causing future problems |
| Family Oriented | Tears up families |
| Extended family accepts the divorce | Extended family hates the ex from dragging their child through a long and expensive divorce |
| People get to move on with their lives | People feel a constant burden and find it sometimes impossible to get on with their lives while in litigation |