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If You Litigate: |
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If You Mediate: |
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You have no control over
the process. |
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You have total control
over the process. You never, ever forfeit the right to resort to
litigation if mediation does not work. |
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The outcome of is
unknown. The judge decides how your children will be parented and what
assets (and liabilities) you will receive. |
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You and your spouse work
out the details of your agreement. You are the ones who decide how you
parent your children and how assets are to be distributed. |
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Statistically, people
are less willing to comply when a court decision is imposed. The
desire to make timely support payments may be affected when one is forced to
do so. |
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People are more willing
to comply with mediated agreements because they participated in the process
of making them. Willingness to make support payments is greater. |
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Your attorney negotiates
with your spouse's lawyer. Attorney negotiated settlements
take months (sometimes years for complex cases) to complete. |
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With the help of a
mediator, you negotiate directly with your spouse. Mediated
settlements can be accomplished in a couple of sessions. |
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You pay for every
thought, letter, phone call, e-mail, fax, photocopy, postage stamp and
document that your lawyer uses or prepares on your behalf, regardless of how
important you believe it is. A court-litigated divorce can cost
as much as $10,000 to $30,000 each. |
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You pay for mediation
time and your Memorandum only. The amount of time you spend mediating
is decided by you. A typical mediation costs from $1,000 to $2,000 and
the costs of your separation agreement and divorce filing are typically
only $1,000 to $1,200. |
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You must wait for your
court date. You operate on the schedule of the court. |
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You decide when you wish
to mediate.....on your schedule. If you want it done now, it is done
now. |
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All document filings are
public record for anyone to see. |
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The content of your
mediation and the associated notes, documents and conversations are
privileged and are not part of the public record. |
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You will most likely
endure tremendous emotional expense. Hatred, bitterness, fear and
sadness may plague your days. Emotional issues continue after the
divorce is final. Reduced cooperation in co-parenting. |
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Emotional expense is
reduced. Spirit of cooperation is born with every agreement made in
mediation. Parents are usually more willing to work together for the
benefit of their children. |
