Mediation is usually far cheaper, quicker, less stressful, and ultimately more likely to produce an outcome that is good for everyone involved because it is an outcome decided by the parties involved. In a trial, the fees tend to start in the tens of thousands and can exceed $100,000 and beyond, depending on how many court sessions, interactions with your attorney/s, and other factors you may face, including the possibility of having to pay attorney fees incurred by the opposing party. During all this there will undoubtably be a mounting of stress that will likely take its toll on yourself, your family, and other relationships you have. Furthermore, a judge would be the one to decide on your case, and you’ll have no idea what they will choose until they make their decision.

Mediation can last anywhere from a couple of weeks to several months, depending on how many sessions of mediation there are and when the couple is ready for each session (a session typically lasting between 2-4 hours). This also depends on the topics in question that need to be answered. For instance, a couple with children and a home that they own together would need to answer the following questions: how much parenting time will each parent have with their children each week or month and how much child support will be paid, what will be done about the shared home – will it be sold, kept by one of the parents, shared by both of the parents until a convenient time to sell the home (such as when the children are old enough to move out), and how should the families assets be distributed in order for both parents to have an equal amount of the numerical value?

For most people going through a divorce or related family dispute, mediation is a good choice. However, people may want to consider other options if the following issues are present: domestic violence, power imbalances, and a present fear of retaliation by the other party when there is a perception of things not being optimal for them, when you or the other party cannot advocate in good faith for what truly matters to each of you, when there are handicaps that prevent someone from competently participating in mediation, if one or more of the parties are not set on separating/divorcing, and if there are any existing court orders that will restrict one or more of the parties from participating in mediation. Other options to consider include trial/litigation, collaborative law, arbitration, negotiation, and more. Please consider seeking independent legal advice from an attorney to figure out what is best for you.

Yes, you can. Understand that having an attorney present will increase the total cost to you (paying fees to the mediator + attorney fees), and having an attorney or another expert present may necessitate a change in the format of the mediation to prevent power imbalances in the case that one party has an attorney/expert present while no other party has an attorney/expert present. In addition to having an attorney present, you can have any experts present whom you would like, such as an accountant. Ultimately, who is allowed in the mediation is at the discretion of the mediator, and they are the one that dictates the format of the mediation.

If documents are not submitted for a mediation session that will go over those details covered in the documents, then the mediation session may be postponed at cost to you or the session may proceed, but only with workable information (the mediator cannot discuss specific details such as valuations of assets without forms to validate stated valuations).