NJ Divorce Mediation Guide: Benefits of Mediation
Advantages of Mediating Your Divorce
| Mediation | Litigation |
|---|---|
| The parties agree to the outcome | The outcome is imposed by a judge or agreed to through the parties' attorneys |
| Costs are typically $6-8,000 | Costs are typically $15-25,000 or more, depending on the complexity of the case |
| Collaborative and can generate creative solutions | Adversarial and tends towards formulaic solutions, which may not work well for the parties; Litigation is warfare |
| Takes 8-13 hours over a several weeks (depending on complexity and the parties' desired pace) to complete a Memorandum of Understanding | Can take 12 to 24 months |
| Quicker process allows parties to heal and move on with their lives | Processing time depends on court's case load and number of judges; Process governed by the court's rules |
| Outcomes are always fair and reasonable since you've voluntarily agreed to them | Outcomes may or may not be fair as they are imposed by a court who will not know the circumstances as well as the parties |
| 4% of all mediated settlements end up back in court | 40% of all court adjudicated settlements end up back in court within 4 years |
| Process is confidential | Many items filed with the court go in the public record and is open to the scrutiny of the court |
| Established framework to address items that are often re-opened, such as modifying the parenting plan and refiguring child support or alimony when circumstances change | Generally get attorneys and the court involved again to address changed circumstances, which can get expensive |
| Forward looking process that focuses on mutually agreeable solutions | Generally rancorous process that focuses on the past and "what went wrong" |
| Generally easier on the children, since the parents had significant input into the resolution | Can be difficult on children, especially if the process becomes acrimonious |
Contact Sanns Mediation Now
For questions or to get started, contact Marvin at Sanns Mediation.