Mediation vs Litigation

Most people don’t realize that when they go through lawyers to settle their differences, I’m referring to cases of separations and divorces because that’s my area of expertise, what they end up paying their lawyers is much more than just the hourly lawyer fees. In an article Gail Johnson wrote back in October 2013 she states that according to “Canadian Lawyer’s 2011 legal fees survey”, the cost of a contested divorce can cost anywhere from $7,208 to $74,122, with the average cost being $12,875.

And that’s just the financial cost. Let’s take a quick look at the other elements that may also impact your decision.

Litigation (lawyers)

Financial cost:
$7,000-$74,000 (Average $32,000)
Length of process:
6 months to 3 years
Emotional cost:
Stressful and draining process, physical toll, encourages distrust, affects relationship with children, destroys parental relationship, pressure on children…
Schedule issues:
The court decides the times and the dates no regards for your respective schedules or those of your children
Decision making control:
None. A judge will decide what is best for you based on previous cases and the law
Success of agreement:
As it was imposed, proven to often not last therefore leading to more court proceedings thus more costs

Mediation (mediator)

Financial cost:
$500.00-$2500.00
Length of process:
3 months to 6 months (Sometimes less)
Emotional cost:
Stress relief, less focused on self more on children. Encourages collaboration and cooperation
Schedule issues:
None. You both decide the dates and times based on your respective schedules or those of your children
Decision making control:
Full control. You both decide what is best for you and your family.
Success of agreement:
As it was mutually agreed to, proven to be durable, respected, reducing conflict and therefore less costly.

                                             The choice is yours to make….