METHODS OF RESOLVING CONFLICT

Mediation presents many benefits to the parties in terms of process and outcomes when compared with litigation.  We invite you to contact us for a no-obligation consultation to learn more how our collaborative approach can help you.

AspectMediationCollaborative PracticeLitigation
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 InvolvedAverage time: 3-7 months (depends on court docket and time frame of couple) Average time: 4-12 monthsAverage time: 2 years (depends on court schedule)
Tone of ProcessInformal cooperative business meeting Informal cooperative meetingFormal, adversarial
Role of the LawNeutral legal information provided by mediator, but no legal representation givenEach collaborative attorney provides legal advice to their own client.Legal advice and legal representation given by counsel
Impact on ChildrenChildren’s interests are central to decision making; interim agreements possibleChildren’s interests are central to decision making; interim agreements possibleChildren often become “pawns” in the battle between spouses
Voluntary compliance with child support agreementsNational figures around 80%No National statistics availableNational 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
  • Discourages direct communication
  • Sets stage for future disagreements and possible court appearances
Decision MakingClients 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