mediation vs litigation and collaborative law

There are many benefits of choosing mediation over litigationMediation = Saving You Both Potentially Tens of Thousands of Dollars:

In mediation you are not spending tens of thousands of dollars which you would be spending in an adversarial process. The money you save could be used for the benefit of the family. Why spend all this money to fight when you could put it to much better use paying for rent, your daily expenses or your children’s education?

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If you have any questions or concerns about Mediation,
or would like to schedule a no fee mediation consultation,
please don’t hesitate to contact me today
!

Jennifer Safian, Mediator

 

jennifer safian

divorce and family mediator

phone: (212) 472-8626

email: info@safianmediation.com

divorce & family mediation,

upper east side of manhattan, nyc,

new york, ny

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mediation litigation collaborative law
method Non-adversarial; Parties sit together with a neutral person, the mediator, and have a 3-way conversation Adversarial; Parties are each represented by counsel. Counsel consults with their respective client and speak to each other to try and work out issues. Parties do not negotiate with each other. Often attorneys recommend that parties do not communicate directly Non-adversarial; Parties are each represented by counsel and all four sit together; Counsel each speak to their client and speak to each other in a 4-way conversation
cost Least expensive; Cost for hourly sessions and drafting agreements; No retainer; If needed payment for other professional services such as an accountant or a consulting-review attorney, are separate Most expensive; Retainer for each party for their attorneys; Hourly rates apply when talking to their clients, talking to the opposing attorney, drafting, and time in court, if parties go to court; If needed, payment for other professionals
Less expensive than litigation but more than mediation; Costs include a retainer and hourly rates for both lawyers whether a lawyer/client meeting, lawyer to lawyer meetings without their clients, drafting agreements, and other professionals
advocate Parties speak for themselves; Neutral mediator advocates for both parties as well as for the process Parties do not speak for themselves; Lawyers advocate for clients Lawyers advocate for their clients in their presence as well as without them present
time to completion  This is the fastest process; Parties have total control over length and frequency of meetings; Completion of agreement can be accomplished in 6-12 hours Litigation takes a long time and can go on for months or years if there is much acrimony; Becomes even longer if parties end up in court  Slower than mediation but usually faster than litigation; Parties sign an agreement at the outset that they will not go to court
disclosure Full voluntary disclosure of financial information Financial information, if not disclosed voluntarily, will be required and/or done by a forensic accounting professional Full voluntary disclosure of financial information
decision making Parties maintain control of their decisions Lawyers maintain control of parties’ decisions. Lawyers maintain control of parties’ decisions in presence of their clients.
good for People who want to make their own decisions and have the option to consult with an attorney Parties want their lawyers to advocate for them; If there is any domestic violence or other dangerous situation, parties will not be face to face and can also get protection of the court People who want to make their own decisions while in the presence of their attorney
not good for If there is bad faith; If either party is fearful of the other party People who want to avoid long, expensive, and adversarial negotiations If there is bad faith; If either party is fearful of the other party