Whether to litigate or mediate depends on the needs of the couple. In litigation, the court oversees the entire divorce process, which typically involves multiple court hearings on temporary orders, contempt actions, pretrial conference, trial and/or final hearing. For mediation, the couple goes to court at the end of the process to file a joint petition for divorce and a final hearing is scheduled.
One party files a complaint for divorce, separate support, modification or contempt. The other party files an Answer and, if applicable, a Counterclaim.
The court then sets up a schedule. Typically, a divorce case takes 10-18 months to go to trial. Modification or contempt cases may take 6-10 months.
Both parties are entitled to discovery (e.g., legally obtaining financial and other information from the opposing party) and the court can order the parties to comply with discovery requests.
You may request temporary orders for custody, child support, alimony etc. If custody is an issue, a guardian ad litem may be appointed to investigate the family and make a recommendation to the court.
A pretrial conference will be held in front of the judge to ascertain whether the parties can settle or need a trial date.
The judge decides the outcome unless both of you can arrive at a settlement.
COST: A litigated case where legal counsel represents the parties can cost each party between $10,000-$40,000.
Couples choose mediation to avoid litigation. However, mediation can also take place at any stage in a litigated case.
Mediation lengths can vary, with a typical completion time within 1-3 months.
In a mediated divorce, the couple decides the outcome with the help of the mediator.
In custody situations, the couple works together to produce a plan that best meets the family’s needs.
The couple is in control in mediation. It can still be challenging to work together. Still, many couples feel a sense of satisfaction in mediation knowing they are making the best of a difficult situation.
There is no formal discovery conducted in mediation. That means both parties must be truthful in disclosing information requested by the other party or to the mediator. Trust and honesty are crucial to a successful mediation.
COST: Both parties pay the mediator per hour and often share the cost equally. A full mediation will typically range from $3,500 to $5,000, depending on the number of sessions needed. So, mediation is by far less costly than litigation.
Please contact our office at (508) 221-6677 to schedule a free ½ hour consultation with the mediator to answer your questions and find out if mediation is appropriate in your case.
*Consultations for family law (limited or full representation) are subject to our standard hourly rate