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.