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Karen's Blog
Answers to questions regarding divorce.
Mediation vs Litigation

There are two paths you can choose when faced with divorce:


Mediation Litigation

Cost

Flat fee or $250/hour for mediation time (shared between parties)

Average total: $8,000-$20,000

Average rate for attorneys $300-$600/hr each

Average total: $20,000 + per person

Time

Average time: 3-8 months (depends on needs of couple)

Average time: 2–5 years (depends on court schedule)

Role of the Law

Legal information provided by mediator, but no legal advice given

Legal information and legal advice given by counsel

Impact on Children

Children's interests are central to decision making

Children often become 'pawns' in the battle between spouses

Emotional cost to Parties

Allows for healthy airing of diverse views and emotions

More comfortable, cooperative

Increases anxiety and stress

Little opportunity to address concerns

Impact on Communication

Promotes improved communication

Sets stage for joint decision-making

Encourages personal empowerment

Discourages communication

Sets stage for future disagreements and possible court appearances

Decision Making

Clients make their own decisions

3rd parties (judges and attorneys) make decisions

Confidentiality

Discussions and financial information are confidential

Usually no court appearances

Hearings are open to the public

Financial information is part of the public record

Several court appearances