• Control of the outcome is in the hands of the parties

• Control of the outcome is in the hands of an overworked judge or overzealous attorney

• The parties agree to the outcome

• The outcome is imposed by a judge

• 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

• Quicker process, allowing parties to heal and move on with their lives

• Generally a lot longer than mediation; Processing time depends on court's case load; Process governed by the court's rules

• Takes 8-13 hours over a few months (depending on complexity) to complete a Memorandum of Understanding

• Can take 12 to 24 months

• 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

• Easier to address items that are often re-opened, such as 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

"All blame is a waste of time. No matter how much fault you find with another, and regardless of how much you blame
him, it will not change you."

-- Dr. Wayne Dyer