Litigation vs Collaborative Divorce vs Divorce Mediation

If you’re like most couples contemplating a divorce in New Jersey, you probably have lots of questions about the best route to take and what your options really are. Should I hire an attorney and litigate? How about find a NJ divorce mediator and mediate? What exactly is this collaborative divorce I’ve been hearing about? And of course the big one: what is the cost of divorce mediation, litigation or a collaborative divorce? With so many choices, it can be very overwhelming!

Below you will find some helpful information so that you may understand more about the major differences between litigation, collaborative divorce and NJ divorce mediation. We know that once you learn more about the cost of divorce mediation and how the results you’ll get will be exactly the same no matter which route you take, you’ll agree it truly is the smarter way to divorce.

For couples seeking a divorce in the state of New Jersey, the three options from least to most preferable are:

Litigation: The Option of Last Resort

There are dozens of reasons why litigating your divorce is not the answer but the three most important ones are:

  • Litigation is expensive – according to The Wall Street Journal and Forbes Magazine a litigated divorce will cost anywhere from $78,000 to $180,000 depending on the complexity of the divorce. The cost of divorce mediation is a fraction of litigation.
  • Litigation destroys relationships – litigation creates a hostile and adversarial environment in which winning supersedes what’s best for both of you and your children. And while most people focus on the cost of litigation or the cost of divorce mediation in terms of dollars, they often forget the hidden cost of the emotional toll that litigation takes.
  • Attorneys control your settlement – you have very little say in the process so why leave your future to a judge or attorney to decide when it’s your divorce? Use NJ divorce mediation instead to design your own future.

Collaborative Divorce: Still Adversarial, Still Attorney-Driven and Still Expensive

Don’t let the word “collaborative” used in the name of this divorce option fool you. While better than litigating, this process is still stressful, attorney driven and may end in a result you’re not happy with. As with litigation, there are many reasons not to use a collaborative divorce process. Three of the most widely-reported concerns from actual collaborative divorce clients include:

  • Collaborative Divorce is still expensive – the average collaborative divorce is between $27,000 and $32,000 according to Forbes magazine and in some cases exceeded $55,000. If you’re going to spend that much, you might as well litigate!
  • Collaborative Divorce is still adversarial – unlike NJ divorce mediation, each party brings their respective attorney to every session to be their advocate and represent their needs only. Once again, this results in a typical “lose-lose” atmosphere focused on two attorneys arguing on behalf of their clients rather than working towards a solution that is best for both parties and their children.
  • Collaborative Divorce is an “all or nothing” process – during a collaborative divorce, each of your attorneys cannot represent you should your divorce go to trial. If you are unable to agree during a collaborative divorce, you loseWeight Exercise all progress made and have to start from scratch with a new attorney costing you even more time and money.

Mediation: The Smarter Way to Divorce

Fortunately, divorcing couples in New Jersey have an excellent alternative called NJ divorce mediation. With a 98% success rate, much lower costs and better results, why would you consider anything else? Points that make NJ divorce mediation the preferred choice are:

  • NJ Divorce Mediation is collaborative – there are no attorneys present and the parties drive the conversation, discussing together what they and their children collectively want and need.
  • NJ Divorce Mediation is focused on finding a solution – a NJ divorce mediator doesn’t represent either of you but rather advocates for both of you and your children. A NJ divorce mediator is only concerned that you both come to an agreement that both of you decide is fair and equitable for each of you. Neither party can “win” at the expense of the other.
  • NJ Divorce Mediation is affordable – our average cost of divorce mediation ranges between $2,500 and $4,500 saving you between $29,000 and $76,000 on your divorce as compared to a collaborative divorce proceeding or a litigated divorce.
  • NJ Divorce Mediation is an “iterative” process – during sessions, we discuss and come to agreements documenting progress as we go on each of the four main areas of divorce:

With a 98% success rate, it’s unlikely that you won’t come to an agreement, but if in the rare instance you are unable, you can take the progress you have both made up to that point and proceed with an alternative path which will still save you time and money in the long run.

We know that once you learn more about the benefits of NJ divorce mediation you’ll agree that it truly is the smarter way to divorce. If you have any questions about collaborative divorce, the mediation process or how NJ divorce mediation can benefit you, please contact us to set up a consultation for you and your spouse either via telephone or in one of our many convenient Northern or Central New Jersey locations where we will discuss the specifics of your case and explain how NJ divorce mediation can help you both move forward peacefully and efficiently saving you time, money and headaches in the process.