Wise Decisions - Cost Issues in Divorce Mediation vs Litigation

Approaching the disillusion of a marriage, both partiestheir mutual resources are totally depleted by attorney
are faced with many hard decisions. Whether tofees and court costs. Facing a divorce is, in itself, a
choose mediation over litigation is fundamental andfear provoking proposition and adding the hardship of
primary in the divorce process. When couples weighfinancial stress can be a terrible burden. Divorce
the pluses and minuses of both choices, the factor ofmediation eliminates the financial stress and the couple
cost must be of primary concern. The costs ofcan focus on a meaningful and thoughtful process of
divorce litigation are both significant and a source ofresolving their marriage.
concern for couples as well as even the attorneysAnother important consideration is the effect a bitter
that may represent them. In their September 2002and contentious battle over money will have on the
meeting, the Beverly Hills, California Bar Associationchildren in the marriage. Nothing can provoke more
issued the statement, "By the time we see [divorce]hostility and anger than argument of assets and costs.
cases in court, most people have spent all theirThe children are silent witnesses to this battle and can
community assets in the divorce itself. By that time,face significant worry over the issue of financial
we're just dividing debts and attorney's fees." It issecurity and their own well being. When they hear their
obvious that cost is a universal concern.parents agonizing over costs and their own insecurities
The average cost of mediated divorce, with oneover their financial future, children cannot help but
attorney, is on average $5,000 to $7,000. However, theinternalize these issues. "Will they have to switch
cost of a litigated divorce averages $30,000. Thisschools?" "Will they have to move from the family
disparity can grow significantly when a divorce is morehome?" "How will their life style be changed?" These
complex. When you factor in the considerableare all questions that trouble the children, as well as the
expenses a divorcing couple faces, the added costsparents. The fear of an unknown and vague future
of divorce litigation are devastating. It is incumbent uponcan impact children even more deeply than the adults
couples to look for ways to reduce costs so thatin the divorce process. Divorce mediation is, again, a
assets remain for the benefit of their children and for"wise choice" because the financial benefits will ensure
relocation, housing, and associated costs. Choosingthat the couple's children will not have to face the
mediation represents a "wise decision" when lookingacrimony of arguments over assets and property
for a way to cut costs while insuring the soundness ofdivision.
the divorce process.Divorce mediation offers couples a dignified,
Certainly, cost is not the single reason to chooseconfidential, and sensitive approach to the process of
mediation, but it is a significant consideration. Whendivorce. Cutting costs is important but certainly not at
evaluated with the many other benefits of mediation,the expense of other needs. Mediation, with a sensitive
mediation represents a way to cut costs with outand professional mediator, serves a multitude of needs.
sacrificing the quality of service. The mediation processMediation offers both parties a way to resolve their
offers a couple the flexibility and sensitivity that is themarriage in an atmosphere where priorities are
hallmark of divorce mediation. Mediators arerecognized, equity is paramount, and the emotional well
specifically trained to focus on the priorities of theirbeing of everyone affected is addressed. The right
clients and, from industry reports; cost savings is a topmediator offers these essential benefits while keeping
priority. Many couples see their worst fearscosts reasonable and responsible.
materialized when the choose divorce litigation and