Will Divorce Mediation Work?

Is it right for my Divorce?

We frequently receive inquiries from individuals wondering, “Will divorce mediation be effective for my situation?” While mediation can be a highly effective process, it is not the best choice for every case. To help you determine if mediation is appropriate for your circumstances, consider the following questions.

Can we communicate with each other?

The history of communication between you and your spouse does not need to be flawless. Disagreements and moments of tension are not uncommon. However, if both parties are open to listening and engaging in meaningful discussions about how to navigate the complexities of untangling your lives, mediation may be a viable option worth exploring.

Are We Concerned About the Cost of Divorce?

Mediation typically costs a fraction of what a litigated divorce would. One of the most common questions we receive during initial consultations is about the cost of divorce. Generally, the cost of the divorce is linked to the level of conflict between the parties. A higher level of conflict requires more time to resolve, which increases the total cost. The path you choose can significantly influence both your financial outcome and your overall satisfaction with the process.

A consumer survey found that the average cost of legal fees for a litigated divorce (in which one spouse files a complaint) was $12,800 per spouse, when the case settles before going to trial. The total cost for both spouses in such cases averages $25,600. If the case proceeds to trial, the legal fees rise to an average of $15,800 per spouse.

In contrast, mediation is often considerably less expensive than litigation. Although each spouse may choose to retain their own attorney for legal advice during the mediation, these costs are usually much lower than those associated with a contested divorce.

At Turco Legal, P.C., we charge for mediation sessions and document preparation on an hourly basis. In most cases, we find that the process typically takes between two and five meetings, translating to an estimated total cost of $1,000 to $2,500.

Do We Want to Maintain Some Level of Civility After the Divorce?

Litigation is inherently adversarial, meaning that the court will ultimately determine how your post-divorce life unfolds. This includes decisions about child custody, support payments, and how your assets are divided. In mediation, however, you and your spouse retain control over these decisions. This approach can foster a more positive dynamic, particularly if you and your spouse may encounter one another in the future.

The mediator’s role is to facilitate a constructive dialogue aimed at reaching an agreement that feels fair and reasonable to both parties. When mediation is successful, the resulting agreement can create a foundation for a respectful and cooperative relationship moving forward. In many cases, this cooperative atmosphere can be valuable when navigating potential future conflicts.

So, will divorce mediation work? Perhaps a more pertinent question is: will mediation contribute to a more amicable and smoother post-divorce life?

Do We Want to Control the Pace of the Process?

In a courtroom setting, the timeline of your case is dictated by the court’s schedule, which may result in significant delays. Unless you file a motion, your case may not be heard for months. Mediation, on the other hand, allows you and your spouse to determine the frequency and pace of your meetings. If there are urgent matters that need attention, these can be addressed promptly as soon as you, your spouse, and the mediator are able to meet.

In contrast, a litigated divorce often involves waiting weeks for a motion to be heard by a judge, which can delay resolution and increase stress.

How Much Do You and Your Spouse Value Control Over the Process?

By control, we mean the ability to jointly guide the discussions, set the pace, and structure the meetings, all while keeping the ultimate decision-making power in your hands. Mediation offers a level of flexibility and autonomy that a court hearing cannot. In litigation, disputes may not be resolved by the court’s decision, and the process can feel out of your hands. With mediation, you and your spouse are in charge of the agenda, the frequency of sessions, and the final outcome.

So, will divorce mediation work for you? Ultimately, it depends on your willingness to collaborate with your spouse, with the guidance of a skilled mediator. When both parties approach the process as problem-solvers, mediation can lead to a more efficient, smoother, and more satisfying experience.

Interested in learning more about mediation? Check out our page on how it works.