| Rate |
- $300-$450/hour for mediation time (shared between parties)
- Document preparation and Court fees: $1,750-$3,500.
- Average total: $3,500-$9,000
|
- Average rate for attorneys *$375-$750/hour (for each party)
- Varying costs depending upon the complexity of the case and dynamics of the participants and if other professionals are included such as a divorce coach, financial advisor and/or child specialist
- Average costs per party: *$13,000-$25,000 (depends on the collaborative team)
|
- Average rate for attorneys $450-$750/hour (for each party)
- Varying costs including time off work and attorneys attending to adjourn or update cases $????
- Average total: $60,000 – $100,000 (each party's obligation allocated by the court)
|
| Time Involved | Average time: 3-7 months (depends on court docket and time frame of couple) | Average time: 4-12 months | Average time: 2 years (depends on court schedule) |
| Tone of Process | Informal cooperative business meeting | Informal cooperative meeting | Formal, adversarial |
| Role of the Law | Neutral legal information provided by mediator, but no legal representation given | Each collaborative attorney provides legal advice to their own client. | Legal advice and legal representation given by counsel |
| Impact on Children | Children’s interests are central to decision making; interim agreements possible | Children’s interests are central to decision making; interim agreements possible | Children often become “pawns” in the battle between spouses |
| Voluntary compliance with child support agreements | National figures around 80% | No National statistics available | National figures around 40% |
| Emotional cost to parties |
- Allows for healthy airing of parties' views, emotions and beliefs
- More comfortable, cooperative
- Allows for personalized solutions and agreements
|
- Allows for healthy airing of parties' views, emotions and beliefs
- More comfortable, cooperative
- Allows for personalized solutions and agreements
|
- Increases participants anxiety and stress levels encourages adversarial mind set
- Little opportunity to address concerns
- Gives decision making to someone else
|
| Impact on Communication |
- Promotes improved communication.
- Creates mutual understanding and sets stage for joint decision making.
- Encourages personal responsibility
|
- Collaborative attorney provides added insulation if there are difficulties in communication
- Collaborative attorney can take over conversations if necessary
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- Discourages direct communication
- Sets stage for future disagreements and possible court appearances
|
| Decision Making | Clients make their own decisions |
- Spouses are represented by collaborative attorneys
- Spouses and attorneys negotiate in ‘four-way’ meetings
| 3rd parties (judges and attorneys) make decisions |
| Confidentiality |
- No court appearances
- Discussions and financial information are confidential
| Usually no court appearances |
- Several court appearances
- Hearings are open to the public
- Financial information is part of the public record
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