Litigation is a contest between two parties in Court, usually represented by attorneys, for a Judge to decide according to the Law. Its two oft touted strengths are that it gives the semblance of justice and enforceability. In practice, the Law –  especially with the discretion afforded in Divorce Law –  can be unpredictable, costly, even ten (to FIFTY!) times more expensive than mediation, lengthy (one to three+ years), and ill-suited to adjust to the circumstances of your situation.  Adherence and enforcement are often issues. However justice is  impartial, even if not necessarily just!  Further sometimes decisions can be accepted involuntarily, where choice would not permit.

Mediation / Negotiation  depends upon the agreement of the two parties. The parties take ownership of the dispute and its resolution which though difficult, produces a sense of contribution, responsibility and understanding. The terms achieved can be better fitting and appropriate. Moreover adherence to agreements is as high as 90 per cent, even regarding child solutions. as opposed to 50 per cent with court ordered decisions. Finally mediation is usually a much cheaper and swifter solution,  Mediation is in many ways the courageous choice as parties must be committed to resolving issues – it takes two to settle. It can be difficult to gain both parties’ confidence.  Nonetheless, according to statistics compiled, it is  probable, if both agree to come to the table, that a settlement will be reached.

Arbitration involves an agreement by the parties to have all their issues determined by a third party other than the Court. This has the advantage of saving costs and time. However, the decision may again be unpredictable, and the process is less open to scrutiny. Moreover the decision is not binding with regards to child finances or custody. Hence, the dissatisfied party can start the process again in court. It is usually only used in family where religious issues are considered.

Collaboration was invented by the court system as a halfway house. Both sides hire attorneys, who undertake to bring their clients to settlement, They cannot represent the parties in a court fight. Hence they are committed to a resolution and indeed there is the worry of over-commitment. This saves costs if court is avoided, but becomes even more expensive if it is not, as another two attorneys must be found.. As two sets of attorneys are involved, it is still usually far more expensive than mediation. It also is strictly a tactical negotiation.