Mediation vs Litigation Divorce: Why One Path Saves You Money (and Sanity)
- Beth Carrier
- Jul 31
- 2 min read
When you’re staring down a divorce, you have two choices. One path drains your bank account and ramps up the conflict. The other is faster, cheaper, and kinder to everyone involved—especially if you have kids.
It comes down to this: mediation vs litigation divorce. The difference isn’t just in process—it’s in cost, control, and how you feel when it’s all over.
Path #1: The High-Cost Path - Litigation Divorce
The traditional route to divorce looks like this:
You each hire an attorney.
You each pay a hefty retainer (think $5k-$10k...EACH).
Every email, every phone call, every "quick question" gets billed - in six-minute increments.
The attorneys file with the court.
The court (surprise!) orders you to mediation to try to settle before a trial.
By the time you get to mediation, you’ve already spent thousands—only to now also pay for the mediator your attorneys select. When the dust settles, you’ve paid two attorneys AND a mediator—and you may still be left with emotional damage and strained co-parenting.
Path #2: The Smarter Route - Go Straight to Mediation
Here’s the alternative: skip the litigation and go directly to mediation.
With this approach:
You don’t pay for two attorneys battling it out.
You only pay for the mediator’s services, usually splitting the cost.
Many mediators (like me) offer flat-fee packages based on the complexity of your case, so you know upfront what you’ll spend.
No surprise invoices. No hourly billing games. No courtroom drama.
Why Mediation Wins in the Mediation vs Litigation Divorce Debate
When comparing mediation vs litigation divorce, mediation almost always comes out on top:
Cost: Mediation saves thousands—sometimes tens of thousands.
Time: Cases settle faster without court delays.
Control: You make the decisions, not a judge.
Future Co-Parenting: Mediation fosters collaboration, not resentment.
Litigation is designed to create winners and losers. But in family law, when kids are involved, you need a process that leaves room for working together. Mediation does that.
The Long-Term Payoff of Choosing Mediation
Divorce isn’t the end—it’s a new chapter. Litigation can leave scorched earth where cooperation should be. Mediation, on the other hand, sets the tone for a smoother future.
You’ll thank yourself later when you can sit through a school play or graduation without tension thick enough to cut with a knife.
Final Word
Chances are, court is going to send you to mediation anyway. Why pay for the long, expensive road only to end up there?
Choose the smarter path—start with mediation and avoid the unnecessary drama and costs of litigation.
You have two choices: a costly fight or a peaceful resolution.
Book your free 30-minute consultation with PivotPoint Resolutions today and learn how mediation can save you time, money, and stress.
