DIVORCE MEDIATION or LITIGATION: COMPARING COST and CONVENIENCE

                                                 

  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	Respectful and collaborative, striving for win/win solutions	Adversarial;  winner / loser likely
DECISION MAKER	You (the parties)	The judge
CONTROL	You (the parties); mediator as moderator	The judge; lawyers
PROCESS	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. 

WHO HAS THE POWER?

                                                 WHO HAS THE POWER IN MEDIATION?

In mediation, who has the Power to Decide?  The difference between mediation and other ways to solve divorce problems is that in mediation,  the clients have the power to decide all issues between them.

At Window Rock, in the Navajo Nation in Arizona, the power of erosion created this unusual view through a mountain of stone.   Compare the erosion of stone with the erosion of the family through painful litigation of family matters.  This kind of pain can be avoided, at best, or at least managed with sensitivity.  In mediation,  clients themselves have the power to cut through societal expectations to design a solution that is "just right" for them.  This is the power of "self-determination."

If you don't know what is "just right" for you, your mediator will help you to brainstorm solutions that you can tweak to fit your needs.  Leave behind that which does not fit for you.  (Spoiler alert: there are a few topics that are mandatory, such as completion of honest, reliable financial disclosures for divorce, premarital agreements, or post-marital agreements).  In general, you have more control over the outcome in mediation than you would in litigation.  More control means more satisfaction with the outcome and more control over the cost - both financial and emotional.  For more information, call 626-441-1900.