| Feature |
Collaborative Divorce |
Mediation |
Litigation (Traditional) |
| Process Type |
Structured, team-based, non-adversarial. Each party has their own advocate. |
Non-adversarial, facilitated by a neutral third party. |
Adversarial, court-based battle. |
| Control of Outcome |
Spouses (with legal counsel) make final decisions on their own timeline. |
Spouses make all decisions; Mediator facilitates. |
Judge makes final decisions if parties cannot agree. Timeline dictated by the Judge. |
| Legal Representation |
Each party has their own collaborative attorney. Parties pledge mutual respect and openness. |
Often no attorneys in sessions, but they may review final docs. Attorneys can attend mediation sessions, but it will be more costly. |
Each party has their own attorney who argues the case. |
| If Agreement Fails |
Collaborative lawyers are disqualified; parties must start over with new litigation counsel. |
Parties move to litigation, usually with their mediation attorneys or they retain new attorneys. |
Not applicable—process is designed to end in a ruling. |
| Cost |
Manageable. Cost depends on the size of the team needed. Often less expensive than full litigation.). |
Lowest only if using a mediator without attorneys attending. If attorneys attend mediation, cost may be comparable if not higher than collaborative. |
High to very high (varies; can escalate fast). |
| Privacy |
Private and confidential. |
Private and confidential. |
Public record. |
| Professionals Used |
Attorneys, coaches, financial neutrals, child specialists. Often not all are used. |
Mediator (usually one), sometimes individual attorneys and/or outside experts. |
Attorneys, forensic accountants, custody evaluators, other experts. |
| Timeframe |
Generally faster than litigation. On the parties’ timeclock. |
Generally the fastest (depends on cooperation). Parties control the timeline. |
Can take months or years (driven by court calendar). |
| Ideal For |
All couples, high or low conflict, except for those dealing with domestic violence. Complex or simple finances, and parenting/custody issues and those seeking confidentiality and privacy. |
Low-to-moderate conflict, amicable couples. |
High-conflict, antagonistic, abuse, custody battle or hidden assets/income. |
