Understand the Difference BEFORE You Begin
Many people do not understand the fee structure associated with divorce. Quite frankly, costs can range significantly depending on the various methods taken. For example, Graine Mediation charges $185 an hour, with the average mediation taking 2-4 sessions. The end result is called a "Memorandum of Understanding," and generally costs $1,400-$2500 . To compare the costs for mediation and contested litigation, the chart below describes both in greater detail.| Issue | Mediation | Contested Litigation | ||
|---|---|---|---|---|
| See more about costs in our Fees & Costs Comparison Chart | The first half hour consultation is free. Graine Mediation’s fee is then $185 per hour for session time and the Memorandum of Understanding (court-ready Settlement Agreement) is charged at a flat fee (3 drafts included) between $900-$1,500. Most cases are resolved in two 3-hour sessions, for an average cost for both the session time and court-ready settlement agreement of $1,400-$2500. | Attorneys charge between $300-$500 per hour. Their fees are usually higher for court time, and there are almost always two lawyers (one for each side). Most litigated divorces take between 1-3 years. Any divorce that involves contested issues (financial, custody) could easily cost $20,000 and up to $100,000 to litigate – per side. | ||
| Time | You won't feel hurried, but your settlement will resolve quickly. Each mediation session lasts about 3 hours. Most divorce mediations take about 2-4 sessions. Issues are usually resolved quickly because the process lends itself to efficiency. | Litigation is a time-consuming process that involves huge systems and complicated methods. It is often weeks or months before court dates can be assigned and the process does not always lend itself to efficiency. | ||
| Decision Makers | You and your spouse make all of the decisions about your finances and children, both present and future. Mediation recognizes that only you really understand the intimate details of your family's financial needs and the needs of your children. Only you should be the chief decision-maker in the settlement process. | Ultimately, if your case is not settled by the strategies and tactics of your attorneys, a judge makes decisions about your and your family's finances and the best interests of your children. Your attorney presents your case to the judge. You are not the decision-maker. | ||
| Children's Well-Being | Research shows that it is exposure to parental conflict – and not divorce in and of itself – that causes harm to children. Mediation helps protect the parents’ ability to communicate with each other and tamps down the emotional aspects of divorce. This encourages cooperative parenting and alleviates anxiety for your children. |
Though attorneys and judges always adhere to the “best interests of the child” standard, two warring parents are always going to make children feel anxious. |
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| Formality | Formal rules of evidence (hearsay, relevance, etc.) and procedure do not apply in mediation. The mediation setting is relaxed and informal compared to a courtroom. | Formal rules of evidence and complex procedural rules apply. These rules are designed to protect parties’ rights, but often make it difficult for parties to get their story out and for the process of settlement to begin. Courtrooms, themselves, can be intimidating to people and are often not the best place to resolve family problems. | ||
| Emotional Wear & Tear | Mediation, with its focus on each of your true needs, offers a more humanized forum for resolving your settlement disputes. Mediation is intended to temper – and not to exacerbate – negative emotions during this very traumatic life-event. | Unfortuantely,the adversarial nature of litigation itself often exaggerates negative feelings that couples have toward each other. Worse, couples have been known to have an even more negative relationship after contested litigation than they did during their marriage. | ||
| Certainty of Outcome | The outcome of your case is up to you because you and your spouse make all the decisions. You decide the outcome. We help you stay on track. | No one can predict the outcome once you are in court. Judges have great latitude when making decisions in a divorce case. Thus, even seasoned divorce attorneys cannot predict, with certainty, how a court will rule. | ||
| Finality | A written mediated agreement (Memorandum of Understanding), signed by all parties, is enforceable in law as is any other written contract. | Settlement agreements, once signed, are enforceable contracts in law. | ||
| Communication | Mediation emphasizes the development of communication skills. This is essential for parents who will be raising children together post divorce. | There is no emphasis on developing or using communication skills in litigation. The court does not have the time, obligation or orientation to help couples develop creative solutions to their problems and often looks to mediators to help divorcing couples reach settlements that satisfy the needs of both parties. | ||
| Privacy | Private. All communications made in connection with the matters being mediated are confidential. The same is true for all documents and materials created for the mediation process. Certain exceptions apply and will be thoroughly explained in your first mediation session. Your final written settlement will, of course, become part of the court record. What was said and done in mediation, though, remains confidential. | Public. Your confidentiality privilege is only between you and your attorney. Although efforts are made to keep certain information about your finances and children protected from the general public’s knowledge, courtrooms are, by their very nature, fairly public places. | ||
| Collection & Disovery (Court supervised and attorney directed collection of documents and other evidence from the opposing party.) |
No formal discovery. Good faith and full disclosure are important. The parties in mediation are given “homework” assignments. Just the necessary documents are collected by the parties and reviewed at the mediation sessions. Strong suspicions that your spouse is hiding money, therefore, may not make mediation your best option. | Formal discovery is usually conducted. It is an important part of an attorneys job, but is very time consuming and expensive. Formal discovery is often necessary in cases where there is strong suspicion that a spouse is hiding money. | ||
