NJ Divorce Mediation Guide: Benefits of Mediation

Advantages of Mediating Your Divorce

MediationLitigation
The parties agree to the outcomeThe outcome is imposed by a judge or agreed to through the parties' attorneys
Costs are typically $6-8,000Costs are typically $15-25,000 or more, depending on the complexity of the case
Collaborative and can generate creative solutionsAdversarial and tends towards formulaic solutions, which may not work well for the parties; Litigation is warfare
Takes 8-13 hours over a several weeks (depending on complexity and the parties' desired pace) to complete a Memorandum of UnderstandingCan take 12 to 24 months
Quicker process allows parties to heal and move on with their livesProcessing time depends on court's case load and number of judges; Process governed by the court's rules
Outcomes are always fair and reasonable since you've voluntarily agreed to themOutcomes 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 court40% of all court adjudicated settlements end up back in court within 4 years
Process is confidentialMany items filed with the court go in the public record and is open to the scrutiny of the court
Established framework to address items that are often re-opened, such as modifying the parenting plan and refiguring child support or alimony when circumstances changeGenerally get attorneys and the court involved again to address changed circumstances, which can get expensive
Forward looking process that focuses on mutually agreeable solutionsGenerally rancorous process that focuses on the past and "what went wrong"
Generally easier on the children, since the parents had significant input into the resolutionCan be difficult on children, especially if the process becomes acrimonious

Contact Sanns Mediation Now

For questions or to get started, contact Marvin at Sanns Mediation.

Mediation Quick Facts:

  • A mediated divorce often costs less than 1/3rd of a litigated divorce
  • Mediation can finalize a divorce in much less time than litigation -- months versus years
  • You lose none of your rights by mediating
  • Mediation is confidential
  • Make decisions about your future for yourself
  • Parties are more satisfied with terms they agree to in mediation than terms imposed by a court
  • Agreements obtained through mediation are far less likely to end up back in court
  • Mediation is a forward-looking process (where do you go from here)
  • Mediation can be used to resolve many types of disputes, including the dissolutions of gay and lesbian (same-sex) relationships, civil unions, domestic partnerships and commercial and community disputes
  • Mediation allows you to get on with your life more quickly