You and your spouse control the process and make final decisions
Mediator assists you and your spouse in reaching agreements
Judges control process and makes final decisions
Both contractually pledge mutual respect and openness
It is assumed that both will be respectful to each other
Court process is based on an adversarial system
Costs are manageable, usually less expensive than litigation; team model is a financially efficient use of neutrals
Costs are manageable, but provides the least amount of professional support
Costs are unpredictable and can escalate rapidly including frequency of post-judgement litigation
Both spouses create the timetable
Both spouses create the timetable
Judge sets the timetable; often delays given crowded court calendar
Jointly retained specialists provide information and guidance toward mutually beneficial solutions
Depends on experience/comfort level of the mediator's use of outside experts
Separate experts are hired to support the litigants' positions, often at greater expense to each spouse
Each spouse has their own attorney working together with other neutral specialists to create a mutually agreed outcome
Mediators cannot advocate for either spouse. Mediators cannot prepare legal documents. Client's attorneys attend mediation sessions
Lawyers argue their client's positions which often creates a win-lose outcome and often at the greatest emotional and financial expense to clients
The process, discussions, and negotiation details are kept private
The process, discussions, and negotiation details are kept private
Disputes are a matter of public record and sometimes, media attention
Voluntary
Voluntary in most situations
Mandatory if no agreement
Both communicate directly with the assistance of members of your team
Both communicate with the mediator
Both negotiate through your lawyers; little if any communication with spouse
Outside of Court
Can be outside of Court; however, in certain situations, a Court hearing(s) may be required
Court-based
