Average Cost of Divorce Through Litigation Compared to Mediation

Divorce is an unhappy time for everyone. Emotions are running high and disagreement seems to be the order of the day. There are many issues: the kids, the house, the cars, the furniture, the personal property. There are many questions: Where will the kids live? Who’s going to get what? How much is this going to cost?

Divorce litigation is notoriously expensive. On average, a litigated divorce costs over $27,000, with fully contested cases sometimes costing $60,000 or more. But there is a much less expensive way to get divorced: mediation.

Litigation vs. Mediation

In divorce litigation, each spouse hires an attorney and everyone engages in a legal battle over every conceivable issue. Often some of these issues are never resolved between the opposing sides, in which case they wind up in a court trial where the judge makes final decisions – which usually neither spouse is happy with.

In divorce mediation, the spouses hire one agreed-upon neutral mediator whose job it is to foster collaboration, not more discord. Mediation is not marriage counseling. Mediation is divorce guidance conducted by a nonpartisan “referee” who keeps both parties on track and everything moving along as amicably as possible. Average cost is less than $5,000 plus court costs and can be even less if there are no children involved.

Why Mediation is So Much Less Expensive

Most mediation services offer a free consultation to each spouse where questions are answered, the mediation process is explained, and a written time and cost estimate is provided.

Once mediation begins, each spouse fully participates in the negotiation process, with the mediator maintaining an atmosphere of mutual respect. Threats, intimidation, and verbal abuse are prohibited. The mediator also takes into account the spouses’ education and/or experience differences, if any.

The mediator helps the spouses negotiate with each other and explore different ways to resolve their disagreements. (S)he provides parenting, financial, and legal information to help them arrive at mutually healthy and agreeable decisions. In addition, (s)he also helps them deal with their anger, sadness, fear, stress, and other emotions common to divorce.

Once all issues have been resolved, the mediator drafts a legally-binding property settlement agreement and parenting plan, and any other documents necessary to be filed with the court. Some services even file them for you and neither you nor your spouse has to appear in court.

If you’re thinking about divorce, seriously consider mediation as a good alternative to litigation. Not only is it far less expensive, it also provides other important benefits to you, your spouse, and your children.