Our lawyer advised us to go through a divorce mediation. What is the cost and benefits of that process?

Divorce Mediation is a voluntary process in which you and your husband sit down and discuss the terms of your divorce with a neutral mediator. The idea is to resolve your issues more quickly and efficiently, and to end protracted legal battles that raise legal fees and could lead you to court. The cost of mediation varies depending on the type of mediation and how long it takes to mediate your case. Some mediators charge to prepare for the mediation and to prepare a memorandum, or legal synopsis of the issues. This cost could be several hundred dollars. Mediators also charge by the hour, so the cost of divorce mediation could rise if you have a lot of issues to discuss or debate. The cost is one potential disadvantage of divorce mediation.

However, the advantages may outweigh the costs if you and your husband are able to come to an agreement at mediation when you otherwise were not able to. The advantage of mediation is that, although it does cost money, it may cost you less then the divorce would if it was contested. Mediation is voluntary and not binding, so if you do not wish to participate in mediation, you are under no obligation to do so. You are also free to end the mediation at any time when you feel it is no longer beneficial to you.  You will still have to pay for the mediator’s time, even if you do not reach a resolution or if you end the mediation early. You are permitted to bring attorneys to mediation, but it is not required.

You should, however, consult with an experienced family law attorney in order to ensure that you are protecting your rights in the divorce, regardless of whether you go to mediation or file a contested divorce in court.