The difference between Divorce Mediation, Collaborative Divorce, and a Litigated Divorce


There are several differences between these three types of divorce.

The first difference is the costs. Of course, all of the costs depends on the attorney that you use and where you live. Most of the time, the average cost of litigation is going to be about $50,000. Therefore, it is going to cost you the most to do. The average cost of mediation is about $3,000. This is going to make it the least expensive way to go. The average cost of the collaborative divorce is going to depend on the case because each case is going to be different. If both of the parties decide to work together, then the process is not going to take as long. This is because there is not going to be any time wasted sitting in the courtroom or writing up motions.

The second difference is with the control. In litigation, the attorneys and the judge are going to be in control of the case. This means that you might end up with orders from the court that are not going to make sense for your family but you have to abide by these orders or you will be held in contempt and will be sent to jail. In mediation, both of the parties are going to be under control with the assistance of a mediator. In collaborative, both of the parties are under control with the assistance of their attorney. Since you are going to have control in mediation and collaborative, then you have the opportunity to make sure that your children are going to be okay during the process of the divorce.

The third difference is the children. In litigation, the children are going to be lost in the process so they will be permanently damaged and harmed by all of the resources and energy that is lost in the divorce. In mediation and collaborative divorce, your children will not have to deal with the negative effects of the divorce since you are in control of the situation. But even after the divorce is over with, both parents will need to co-parent and continue to work together to ensure that this stays the same. Therefore, both parents will need to act mature and show the children that you are still trying to do what is best for them even though you are divorced.

The fourth difference is the timing of the divorce. In litigation, the court is going to set up all of the timing. This means that you might have to wait months for the first conference. You even sometimes have to wait years before there is a trial. In mediation and collaborative divorces, you have the opportunity to set up your own pace so that you can come up with the right resolution for the problem. Most of the time, in these cases the divorce is only going to take about two or three months to happen. This also shows some couples that they are not ready to be divorced. Therefore, they might decide to live with each other for an agreed amount of time so they can handle certain issues. Some of these issues might include filing a joint tax return, health insurance, and maybe even a reconciliation of the couple.

The fifth difference is the stress of the divorce. In litigation, there is a lot of stress on the whole family. This is because everyone wants to fight just so that they can make the other person unhappy. This means that the other person is also going to be unhappy because you could be harming your children in the process. With mediation or a collaborative divorce, it is going to be less stressful for everyone because everyone will be working together in a safe and comfortable environment without the public knowing all of your business. This is something that you will need to think about because you do not know what your future holds.

The sixth difference is the privacy of the divorce. In litigation, all of the proceedings of the divorce are going to be a matter of public record since many of the determinations and negotiations between both parties will be done in an open court so the public will be able to look at everything that goes on in court with your divorce. With mediation and a collaborative divorce, all of the negotiations between the parties will be done in privacy. The only people who will know everything that is discussed in the meeting will be both parties and the mediator.

The seventh difference is the communication between both parties during the divorce. In litigation, there is nothing enforced to encourage that there be any type of good communication between both parties. In mediation or a collaborative divorce, all of the parties involved in the divorce are going to be encouraged to communicate with each other directly. This means that they will have to do so in a respectful and positive manner so that there is less harm done to everyone during the divorce. The parties are able to do this with the help of the professional mediator.

Therefore, when you are getting a divorce it is best to look at all of these options to figure out which one of these is going to work best for your family. A litigation divorce means that you are going to court to air out all of your differences. This means that the judge is going to have the final say about your divorce. A mediation divorce, both parties will work with a mediator to help them to see each other’s point of view. A mediator is a neutral person who is trained to help the couple to compromise with each other in a stressful situation. A collaborative divorce is when both of the spouses will work together to make sure that their divorce does not go to court. Most of the time, they will be able to agree to certain terms mutually with each other.

Cited sources and references:

Cited sources and references:

Indianapolis Divorce Litigation


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