The Differences Between Divorce Mediation and Divorce Litigation

The Differences Between Divorce Mediation and Divorce Litigation

When most people think about acquiring legal help for their divorce, they think attorneys and litigation are the only way to go. And while this avenue works for a great many couples, it is not your only option. Divorce mediation can also be extremely useful in resolving divorces. But what even is the difference between the two? Well, there are several and we are going to outline them here today.


The amount of control you have differs between these two options. Throughout the litigation process, your lawyer will speak on your behalf in court and even though you and your attorney collaborate, the judge will ultimately make the final decision. The final outcome may be legal, but it may not be what you consider best for your family.

Mediation, on the other hand, allows your voice to be heard. You and your partner will speak freely and come to a resolution that benefits all involved. Differences will be resolved in a calm and peaceful manner, as opposed to fighting.


The amount of privacy you are afforded also differs between the two options. Through litigation, all details resolving your case, which is your personal life, will be discussed in a public courtroom. Anyone can show up for it, and people waiting their turn before the judge will hear it as well. Additionally, court records are available to the public. So, anyone who wishes to find information regarding your divorce case, can.

With mediation, however, the whole process will take place in a neutral and private environment. The only people privy to the information are the professional mediators involved and family members involved. The information discussed is protected and confidential.


Most people wish to resolve their divorce as quickly as possible. Both these avenues will provide results at a different pace. Litigation involves more steps and more people and thus more scheduled planning. The time taken to resolve a divorce through court can take months or even years. The average time spent in divorce court is 22 months.

With mediation, resolutions can be made at a far quicker pace. Oftentimes, the entire process can be done in 2-3 weeks.


And lastly, the two options differ in terms of cost. With litigation you must pay many people for their time. On average, people spend between $24,000-$50,000 per person in legal fees throughout the divorce litigation process.​

For mediation, it is far easier to control the cost. Most of the time cases settle for under $5,000 combined.

As you can see, litigation and mediation differ on many fronts. If mediation sounds like the right path to take in settling your divorce, contact Solutions & Resolutions to get started.

Posted By Solutions & Resolutions on 8-18-2022