Financial and Emotional Costs. With mediation the cost is within your control. With traditional litigation the financial and emotional costs can be high.

Effectiveness. With mediation your agreements are your agreement and therefore it is more likely the parties will comply with their agreement. With litigation, the Court will impose a final decision and there is more likelihood the parties will return to Court.

Time. With mediation you can finalize your divorce soon after you reach an agreement, subject to the 120 day waiting period from the date you started the divorce. With litigation, divorces can drag out for many months and even for years.

Privacy. Mediation is a confidential process. Litigation is a public process with a public record of all of the parties’ disputes.

Control. You can control the decision with mediation. With litigation, the Court will control the decision. Under either method, the Court must approve any final settlement agreement, but it is how you get to this point that you can assert control over your divorce.

Communication. With mediation, you can directly communicate with the other party. With litigation, the communication is indirect and must flow between the attorneys and then to the parties.

Mediation can be a more effective alternative to litigation for the following reasons.

Cost: In litigation, costs are unpredictable and increase when the parties cannot agree. Court conflict is always emotionally and financially expensive. In mediation, costs are more predictable and remain in the parties’ control and that can generally lower the costs.

Effectiveness: Litigation is mandatory if couples cannot agree, often resulting in lower rates of compliance with court orders and can result in future litigation. Couples too often return to court and go through litigation over and over again. Mediation is voluntary and can result in higher rates of compliance with mediated agreements. This can help reduce future litigation.

Time. A litigated divorce or legal separation in which a court must render a decision for you and your family can take many months or several years. This is frequently due to the attorneys’ congested calendars and the court’s limited time for contested hearings. In mediation, resolutions can be developed in as little as 4 or 5 sessions, significantly decreasing the time to finalize the case and move on with your lives. The courts generally are able to schedule a stipulated divorce hearing with a signed marital settlement agreement must sooner than they can schedule a contested divorce.

Stress. Litigation is adversarial and stressful. It is a formal process where a third party decides issues about all that is important to you. Mediation is a process that supports education, cooperation and communication during the divorce process to help the parties make positive decisions for their family.

Communication. Communication in a litigated divorce is channeled through the respective attorneys; this increases costs and delays, it can also increase conflict and miscommunication. Mediation attempts to direct discussion between the parties during a joint session to allow for more effective and efficient communication and negotiation.

Privacy. Litigation is a matter of public record, subjecting the details of your conflict to the public. Mediation is private and confidential.

Control. In litigation, the ultimate control rests with the court. A judge that has never met you or your family is tasked with making all of the decisions regarding the distribution of your assets, income, and the placement and custody of your children. In mediation the parties retain control over all decisions, allowing for more acceptable outcomes. Under either litigation or mediation the Court must approve of the final agreement, but how you get to that agreement is what matters.