When considering the divorce process, one of the questions you will ask is about mediation and whether it will work for you. Mediation is a lower cost alternative to divorce lawyers and litigation, or it can be part of the divorce process from your lawyer. Some states, such as Florida, require parties to attend a mediation session prior to court proceedings. Conceptually, if you can resolve the issues within the mediation process, your costs will be lower, you will make the decisions and guide the progression of the meetings. Within the judicial judicial system, the judge directs the process and is the one who makes the decisions. Which way is best for your situation becomes a function of what you expect to get through the court process versus what you will get through the mediation sessions. Mediation is not an easy process and requires diligence and time. Like anything else in life, it’s what you put into it that will help determine your outcome. If you are willing to put in the time, the negotiation period with your spouse, quite possibly the attorney’s fees if necessary, and the mediator’s fees, then it becomes a route that could be very successful. If you plan to go into the process expecting others to do the work, with little preparation or facts, then mediation may not be the solution for your situation.

When considering mediation as an alternative to lawyers and courtroom, one of the main questions has to be cost, or “how much will mediation cost me compared to the lawyers and courtroom scenario?” While this also depends on what assets you may have such as children, homes, cars, 401Ks, and personal possessions, since each of these areas must be addressed in court or mediation, mediation typically costs approximately $250- $400/hour. If the issues can be resolved in 8 hours, then costs can be anywhere from $2,000 to $3,200 plus Settlement cost, which averages $500, and court costs, which are also about $500. So, within mediation, it is possible to get divorced and resolve all marital issues for approximately $3,000 – $4,200. If we compare this to the litigation path, the initial payment for many of the lawyers will be $2500, and that would be multiplied by both the husband and the wife. So, before the process begins, each party’s attorney will get about the equivalent of what it would take to resolve the issues and walk away with an agreement under mediation. The overall costs of contested divorces have been significantly higher, depending on the couple’s net worth. As we have all read, the higher the net worth, the more expensive the divorce will be.

So will divorce mediation work for you? If you can put your anger, frustration, and differences aside to sit down with your spouse and work through the Parenting Agreement, Financial Agreement, and “who gets what” agreement, then mediation may work for you. But if you can’t get over the frustration, anger, and bad feelings that come with dealing with your spouse, then the court road may be in your future. Don’t forget that the money you give to your litigants is the money you could be giving to your children or using for your retirement. That choice is yours!