ADR Comparison

In both mediation and collaborative divorce, the interested parties make all decisions regarding their divorce. In litigation, the judge has the final say on all decisions.

Types of Cases

  • Mediation:
    Any matter in which the parties are willing to work together with one expert.  Cases where there is a history of domestic violence or an imbalance between the parties may not be right for mediation.
  • Collaborative Divorce:
    Cases where the parties want to work together to reach a resolution but feel they need their own attorney to help them do so.
  • Litigation:
    Cases where the parties cannot work together or where there is a power imbalance or history of abuse.

Confidentiality

  • Mediation:  
    All documents prepared for the mediation, and all matters discussed in the mediation, are confidential. The only public document is the final judgment.
  • Collaborative Divorce:
    All documents prepared for the collaborative negotiations, as well as all matters discussed in the sessions, are confidential. Only the final judgment is a public document.
  • Litigation:
    Generally all pleadings are public records. This is the least private of the processes.

Cost

  • Mediation:
    The lowest cost of all of the options. If mediation is successful, it can cost the least amount due to the fact that only one attorney must be hired.
  • Collaborative Divorce:
    Higher costs than mediation. In collaborative law, each party hires their own attorney, rather than just one in mediation.
  • Litigation:
    Usually the most expensive of the options. Again, both parties hire their own attorneys. If a matter goes to full litigation, the costs can go higher and higher.

Time for Resolution

  • Mediation:
    The quickest of all of the options because the matter can be resolved in as little as a few sessions with the mediator.
  • Collaborative Divorce:
    Slower than mediation, as it usually involving several meetings. Some of the meetings are only the client and their own team of attorneys and others with all interested parties.
  • Litigation:
    The slowest of all of the options. Initially, the parties must engage in discovery, including filing possible motions with the court. Then, when ready for litigation, a judge must be available. Finally, there is the possibility of appeals.

Result

  • Mediation:
    Mediator prepares a Judgment, which, when signed, is filed with the court and becomes enforceable by a court.
  • Collaborative Divorce:
    The collaborative lawyers prepare a Judgment, which, when signed, is filed with the court and becomes enforceable by a court.
  • Litigation:
    The judge issues a final decision, which can be appealed.