Sacramento, CA family law attorney Mary Molinaro talks about the cost of divorce mediation compared to traditional divorce. When comparing mediation, collaborative divorce, and litigation, it is generally understood that litigation is the most expensive option. While it is possible to reach agreements during litigation, this typically involves two attorneys working together to find a resolution. However, litigation often incurs higher costs due to the extensive information gathering and analysis required to either reach an agreement or present a case before a judge.

In litigation, clients often rely solely on their attorney, who may need to hire additional experts for necessary support. This reliance can lead to inefficiencies, as attorneys may handle tasks that financial professionals could perform more cost-effectively. In contrast, the collaborative process allows individual team members to contribute their expertise, reducing the need for the attorney to oversee every aspect of the case. This collaborative approach empowers the parties and generally results in lower expenses.

Moreover, in litigation, duplicate efforts can occur if both sides engage experts for the same issue, further escalating costs. Disagreements between experts may also arise, necessitating resolution that adds to overall expenses. Additionally, litigation often requires extensive discovery due to a lack of transparency, an issue that is not present in mediation or collaborative divorce.

In collaborative divorce, transparency is a key component; any misunderstandings are addressed immediately to prevent one party from taking advantage of the other. Collaborative divorce is generally less expensive than litigation, and efforts are currently being made in Sacramento to develop a model that caters to modest- and low-income families.

Typically, collaborative divorce involves upfront costs, including retainers for attorneys, mental health professionals, and financial experts. However, these retainers are usually sufficient to complete the process, leading to overall costs that tend to be lower than those associated with litigation. Mediation, on the other hand, is the least expensive option, as it involves only one neutral attorney who facilitates the agreement and creates the marital settlement agreement, which serves as the final divorce judgment.

In some cases, mediators may need to bring in outside experts for specialized tasks, such as business valuations or pension assessments, which can add to the overall cost. Ultimately, the costs associated with these three divorce models vary significantly, with litigation being the most expensive, followed by collaborative divorce, and mediation being the least costly.