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Mediation is better because you have more control. You have control over the cost. You have control over the time. You have control over what’s gonna go into your agreement. You just generally have more control over the process.
Litigation is way more expensive. You’re on the court’s calendar, so you have much less control over when this can be done. I’ve had some mediations get done in a couple months. I’ve had some that have said to me, “We need to freeze this process because we’re selling our house,” or, “We have a child starting college, and then we need to revisit it.” You can’t do that with litigation.
Hingham, MA family law attorney Nicole Levy explains why mediation is always preferred to litigation in a divorce. She remarks that mediation is often preferable because it gives clients more control. They have control over the cost, the timing, and what goes into their agreement—essentially, more control over the entire process.
Litigation, on the other hand, is far more expensive and places the parties on the court’s schedule, giving them much less control over timing. She notes that some mediations can be completed in just a couple of months, while others may be paused due to circumstances like selling a house or a child starting college—flexibility that isn’t possible in litigation.