| Mediation | Litigation |
|---|---|
Cost Savings: | |
| $160 an hour total ($80 an hour per party) | $5000-$7000 retainer per party (or higher depending on the case) |
| The time for "discovery" is eliminated | "Discovery" of legal information needed for litigation takes time and can be costly |
| 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 |
Time-Efficient: | |
| Mediation expedites a resolution | Litigation can result in a long court case, taking months or even years |
| By being done sooner, 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 apointments 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 |
| 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 |
| 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 |
Improves Communication When Parties Need to Maintain a Relationship: | |
| Collaborative and respectful communication between parties | Argumentative and added frustration with the other party |
| Can address important emotional issues | Each party communicates only with their own attorney |
| Positive Communication Skills are learned | Parties 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 Individual: | |
| Parties are more likely to follow mediated agreements | Court imposed judgments are followed less than mediated agreements causing future problems |
| Client-Oriented | Tears up people emotionally and financially |
| 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 |