Compare Divorce Litigation (Representation) to Divorce Mediation 

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TRADITIONAL REPRESENTATION (Litigation)

MEDIATION

HOW LONG TO COMPLETE

Generally the longest time to complete due to court scheduling, attorney interaction, discovery, and negotiation.

Average time is
1 year+

Generally the  quickest  to complete

 

 

Average time is a matter
of 4-6 weeks 

DECISION MAKER

Judge

The parties and outside professional they choose to consult

COST

Generally highest due to (2) fees for attorneys, costs, and experts.

Fees increase as trial nears. Ranges about $15k-to $30k+ per person

Generally least expensive due to use of neutrals and free discovery exchange between parties.

Ranges about $4,000- $5,000 including document prep- ask about flat fees

FLEXIBILITY AS TO TERMS

Judges are limited to their orders and judgments

Able to be customized-Very flexible within wide parameters

EXPERTS

Generally each party hires their own multiple experts for real estate, pensions, businesses

Parties have option to agree on one financial neutral or expert

IN/OUT COURT

In Court

Out of Court

LASTING AGREEMENT

Unknown

Generally very good

TIMETABLE/AGENDA

Set by court

Set by parties

COMMUNICATION

Indirect - filtered and subject to delays due to court rules

Mostly direct - unless party requests private session