CHOOSING A PATH: PROCESS CHOICE IN DIVORCE
When should you try to negotiate, or mediate… or litigate ? Here’s what the various approaches to divorce can look like:
DISCUSSION | MEDIATION | ATTORNEY NEGOTIATION | COLLABORATIVE LAW | LITIGATION | ADJUDICATION |
|
|---|---|---|---|---|---|---|
| PROCESS | Direct, but unassisted talks | Direct, but assisted talks | Attorney dialogue, with exchanges of information, but no formal discovery | Professionally hosted client dialogue, with other professionals present | Formal discovery, with settlement before trial | Formal discovery proceedings, followed by trial |
| COST | Free -- or whatever ordering two Starbucks creations costs this month | $ 150-600 per hour; TOTAL COST: $3,500 to $5,000 | $ 250-750 per hour for each attorney; TOTAL COST, perhaps $5,000 to $15,000 EACH | $ 250-750 per hour for each attorney plus costs of additional professionals; TOTAL COST, perhaps $10,000 to $20,000 EACH | $ 250-750 per hour for each attorney; TOTAL COST, perhaps $20,000 to $50,000 EACH | $ 250-750 per hour for each attorney; TOTAL COST, perhaps $50,000 to $100,000 EACH ...or more |
| TIME | Undetermined | From 8 to 12 weeks | From 3 to 9 months | From 3 to 9 months | From 12 to 24 months | From one to three years |
| BENEFITS | Direct, free discussions between the two people who should be making the decisions | Guided discussions, with input regarding solutions other couples have used; the neutral host can temper the tone of the talks, if needed | Professional guidance and representation are used throughout the negotiations | Professional guidance and representation are used throughout the negotiations. Parties are present for substantive negotiations, and additional professional input is available | Useful if facts need to be established, or financial information ferreted out | The laws of the State are applied to the family. If the spouses can't agree, a Judge will impose a solution and provide closure |
| DRAWBACKS | No referee is present during discussions, or professional input as to agenda or options | No power to subpoena documents, cross-examine or force responses to questions; people must be able to speak out for themselves | Process is indirect, and frequently invisible to the parties; personalities of the attorneys may become a factor. Costs are harder to control | Costs can escalate as additional professionals are brought into the process, and principals can become marginalized in the negotiations | Can be an expensive exercise in preparing for a trial that never occurs; the contest between attorneys frequently takes on a life of its own. Proceeding formally can be slow and costly | The laws of the State are applied to the family, with no guarantee that your Judge's interpretations of those laws will result in an acceptable outcome on any issue |