Mediation Costs – What Are the Costs of Mediation in a Divorce?
Many people avoid mediation because they fear the costs will be too high, however, in reality the cost of mediation is significantly less than a traditional litigated case. First, mediation is usually less expensive because you are working with one mediator instead of two divorce lawyers which cuts the cost in half. Second, the mediation process is much faster than a litigation suit which cuts down on the time you are paying attorneys and the cost associated with that.
The costs of a mediation can also be offset by the fact that many times if you reach an agreement in mediation that will be binding on both parties, then your attorney will not need to file any additional motions with the court which again saves you money. Finally, mediation is generally less stressful than a litigation lawsuit which helps both parties maintain control of the process and outcome which can result in a better and more workable settlement.
When you hire a mediator, they are trained to help you negotiate your issues and reach a resolution. Unlike a litigated case where the judge makes a decision for you, the mediator is there to help you decide what is best for you and your family. This can lead to a more positive outcome for you and your children and is usually less expensive than a litigation lawsuit.
If you and your spouse or partner are not on speaking terms, the mediator is trained to help you through your issues and work through the conflict so that a resolution can be reached. They will listen attentively, give appropriate verbal and non-verbal feedback, affirm, ask appropriate questions, attend to different conflict frames and punctuations, provide space for both sides to express their interests and feelings, address power dynamics and more. Oftentimes, mediation can be completed in a short amount of sessions and the result is a workable solution for all of your family’s needs.
A benefit of mediation is that it is confidential, which can be very helpful in preserving the relationship and not adding a negative factor to your case. It is also a much more private process than a typical lawsuit where the entire proceedings are open to the public and any documents and transcripts used in your case may be made available to the general public as well.
Lastly, there is no monetary incentive for either party to win or lose in mediation. This can be a very important factor for some people as it means that neither side has an incentive to “win the battle of the lawyers” and go through the expense of a lengthy litigation.
Depending on the mediator you hire, some will require a retainer which is an upfront deposit that you can withdraw from as you go through the process and others will charge based on their hourly rate and require payment after each deliverable such as after a memorandum of understanding or mediation session has been provided. Some also offer a hybrid of both where you pay a flat fee and then they bill you for their services on an as-needed basis.mediation costs
