When should I choose mediation over litigation?

Mediation is ideal when you can communicate reasonably with your spouse, have simple to moderate assets, want to save money and time, and prefer privacy. It works best when both parties are willing to compromise.

What factors make litigation necessary?

Litigation may be necessary when there's domestic violence, substance abuse, inability to communicate, complex business assets, international assets, or when one spouse is hiding assets or being dishonest.

How much does mediation vs litigation cost?

Mediation typically costs $5,000-25,000 and takes 3-6 months. Litigation can cost $30,000-200,000+ and take 12-36 months. Collaborative divorce falls in between at $20,000-60,000 over 6-12 months.

What is collaborative divorce?

Collaborative divorce involves both spouses working with specially trained attorneys and other professionals (financial experts, child specialists) to reach agreements outside of court. It's more structured than mediation but less adversarial than litigation.

Can I switch from mediation to litigation?

Yes, you can switch from mediation to litigation if mediation fails. However, if collaborative divorce fails, both attorneys must withdraw and you need new lawyers for litigation.

Is mediation confidential?

Yes, mediation is private and confidential. Nothing said in mediation can be used in court later. Litigation creates public court records that anyone can access.

What if we have complex business assets?

Complex business assets often require litigation or collaborative divorce to ensure proper valuation, discovery, and protection of interests. Mediation may work if both spouses are fully transparent and agree on business valuations.

How do I know if my spouse will cooperate in mediation?

Good signs for mediation include ability to discuss issues calmly, history of working together on decisions, mutual respect, and willingness to compromise. Poor communication, hostility, or dishonesty suggest mediation may not work.

What happens in a hybrid approach?

A hybrid approach might start with mediation for some issues and use litigation for others, or attempt mediation first and switch to litigation if needed. This can provide flexibility while managing costs.

Do I need a lawyer for mediation?

While not required, it's highly recommended to consult with an attorney even during mediation to understand your rights, review agreements, and ensure the final settlement is fair and legally sound.

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