Mediation vs. Litigation: Cost, Time and Control
Short answer: Mediation lets spouses or parents negotiate their own agreement with a neutral mediator, usually faster, more privately and at lower cost than litigation. Litigation means a judge decides after hearings and a trial, which takes longer and costs more but may be necessary when there is a safety concern, hidden assets or no willingness to negotiate.
Most Florida family cases involve both mediation and the court in some way, but the question of where the decisions are actually made shapes the experience. Here is an honest comparison.
Side by side
Mediation
- Control: you and the other party decide
- Time: often resolved in one or a few sessions
- Cost: usually a fraction of trial costs
- Privacy: discussions are generally confidential
- Flexibility: creative, family-specific solutions
Litigation
- Control: a judge decides
- Time: months of hearings and scheduling
- Cost: attorney time, outside evaluations and trial preparation
- Privacy: filings and hearings are generally public
- Flexibility: limited to what the law allows the judge to order
Why mediated agreements tend to last
People are more likely to follow a plan they helped write. Mediated parenting plans can reflect real work schedules, a child's activities and a family's traditions in ways a court order often cannot. That tends to mean fewer return trips to court.
When litigation is the better tool
- There is a safety concern or a history of domestic violence that compromises negotiation
- One party is hiding assets or refusing to disclose finances
- One party will not negotiate in good faith
- A legal question needs a judge's ruling before settlement is possible
- Emergency relief is needed for a child
Both tools work together: Choosing mediation is not a sign of weakness. Preparing as if the case could go to trial is what gives your mediation offers credibility.
The cost difference
A contested trial requires preparing witnesses, exhibits, possibly appraisers or evaluators, and days of attorney time. Mediation concentrates that effort into a session or two. Even when mediation only resolves part of a case, it shrinks what is left for trial, which reduces cost.
The judge will make a fair decision. Mediation lets you make a decision that fits.
What happens in Brevard County
In the 18th Judicial Circuit, contested family cases usually go to mediation before a final hearing. So for most families, the question is not whether to mediate, but how well prepared to be when you do. See how to prepare for your divorce mediation.
When to talk to a lawyer
Heather Harris Law handles family mediation and contested family law cases in Brevard County, and can help you choose the right path for your situation.
Frequently asked questions
Is mediation cheaper than going to court in Florida?
Usually, yes. Mediation concentrates negotiation into one or a few sessions, while a contested trial requires extensive preparation and court time.
Can I go to trial if mediation fails?
Yes. If mediation ends in an impasse, the unresolved issues proceed to a hearing or trial before a judge.
When should I avoid mediation?
When there is a safety concern that would compromise negotiation, or when a party is hiding assets or refusing to participate in good faith. A court can excuse or restructure mediation in those situations.
Heather Harris Law, 650 South Courtenay Parkway, Suite 101, Merritt Island, FL 32952. Call (321) 452-7055. Heather Harris spent thirteen years as an Assistant State Attorney before opening her practice and is licensed in Florida and Alabama. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.