COMPARING MEDIATION to LITIGATION
When couples are separating, money is usually tight for a while until the "new normal" kicks in. You want the best possible process for all aspects of your divorce, but most likely, you don't have a small fortune spend. For most people, a mediated divorce is more likely to be satisfactory to the parties than a litigated divorce, in terms of convenience, speed of resolution, control, and cost.
This chart compares the cost and convenience of divorce mediation and divorce litigation in the Pasadena, CA area, as of Summer 2016. Think about this: when there are decisions at stake that may affect you for the rest of your life, do you really want low cost to be the primary focus of your mediation? Experience, compassion, and convenience are important, too. As your mediator, my goal is to provide excellent, personalized service at convenient times, while being mindful of your desire for a reasonable price. The mediation fees indicated are in the range typical for Georgia Daniels, J.D., Mediator. Other mediators' fees may be higher or lower.
MEDIATION
|
LITIGATION
|
|
DAY or EVENING
|
Flexible; most weekday appointments start at 5:00 PM, 6:00 PM, 7:00 PM; Saturdays, 9:00 AM through 1:00 PM.
|
Court’s work-day is – 8 AM to 5 PM; attorneys generally don't make appointments for 6:00 PM or Saturday morning
|
TIME TO RESOLVE YOUR CASE
|
Usually a few weeks to a few months; within your control
|
It can take months to get a court date for temporary orders; even
longer for a full trial date
|
APPROACH
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Respectful and collaborative, striving for win/win solutions
|
Adversarial; winner / loser
likely
|
DECISION MAKER
|
You (the parties)
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The judge
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CONTROL
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You (the parties); mediator as moderator
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The judge; lawyers
|
PROCESS
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Informal and private
|
Formal and public
|
COST
|
Reasonable – the mediation fee depends upon the amount of mediator preparation
required, the number of meetings required, the complexity of issues, and level
of conflict between the parties. See chart in following post.
Reasonable is likely to be between $2,750 to $4,000 for the mediator's fee in most cases for a comprehensive divorce mediation, and somewhat more for the mediator’s fee in complex cases. Please call 626-441-1900 for more detailed information on fees.
Limited scope divorce mediation fees can be significantly less. Please inquire. Other Family Mediation Fees Fees for pre-marital mediation, post-marital mediation, limited scope divorce mediation, and elder / adult sibling mediation are each different from the others. Please call 626.441.1900 for more information. |
Enormously expensive –
Attorney fees can range from $15,000 to $75,000, or even more, depending upon the number of court appearances, amount of preparation, complexity, etc. |
Please note that this chart addresses the fee for mediation or litigation only. Other fees may include court filing fees, party response fees, experts such as appraisers or financial advisers, consulting attorneys for mediation, and document preparation fees for paralegals or legal document assistants.
