Did you know that, according to Forbes, 43 percent of first-time marriages end in dissolution? Whether you’re thinking about separating or ready for a divorce, it is important to know all about your divorce resolution options.

When you think of divorce, two types of professionals may come to mind: a divorce mediator and a divorce attorney. But what is the difference between the two, and which is the best option for you?

In this article, we’ll take a closer look at a divorce mediator vs lawyer, and how you can make the right choice for your marriage dissolution neds.

What Is a Divorce Mediator?

A divorce mediator is an individual who serves as a third party in the divorce proceedings. The mediator is a unique role in that this person is neutral, meaning that they do not take the side of one individual over another.

Additionally, the divorce mediator can help couples negotiate the terms of the separation. They may go over factors such as:

Child support
Spousal support (alimony)
Division of assets

Rather than going through separate attorneys, a divorce mediator works on behalf of both parties. They will guide the couple through the divorce proceedings without going to court.

What Is a Divorce Lawyer?

A divorce attorney is still one of the most common divorce resolution options. Divorce attorneys offer legal expertise and can negotiate on behalf of a single party.

Further, a divorce lawyer can also prepare legal documentation if the case needs to go to court. Even if a marriage can be resolved outside of the court system, key forms and documents are still needed to formally end the marriage.

With litigation, each party retains an attorney for negotiation. Rather than doing so together, both parties involved have their own expectations for how assets will be divided or child custody arrangements.

If you have a prenuptial agreement, a divorce attorney will also be able to analyze it and advise if it will stand up in court proceedings.

Key Differences: Mediation vs Litigation

Although both processes end in the dissolution of a marriage, there are many key differentiators between a divorce mediator and a divorce lawyer. They include:

Level of Neutrality
Cost Differences
Number of Professionals Involved
Timeframe of Proceedings

Level of Neutrality

When you retain a divorce mediator, expect them to be neutral. Their main goal is to negotiate on behalf of both parties and work toward a collaborative solution.

However, divorce attorneys negotiate on behalf of their individual clients. If both parties cannot agree on certain terms, the attorneys will operate in the best interest of their respective parties.

Cost Differences

A divorce can cost thousands of dollars, with the average cost being upwards of $10,000, according to Prudential. If you have a tight budget, you need to consider the price differences of mediation vs litigation.

Overall, mediation tends to be a more cost-effective option. The mediator will spend their time with both parties, which means significantly fewer billable hours than separate divorce attorneys.

Divorce attorneys can be more cost-prohibitive because of the separate time involved in negotiating agreements. Preparing documentation and going back and forth with the other party adds up.

You must also consider the cost of court filing. Settling outside of court with a mediator means you will not have to pay court fees. If you bring your battle to the courtroom, there will likely be additional costs.

Number of Professionals Involved

A mediator is one individual who will represent both parties in divorce negotiations. You can even hire an attorney who is also a mediator. This individual can prepare your documents for you and take care of all of the legal proceedings as well.

In a traditional divorce, there will be at least two attorneys involved, in addition to the parties separating. For cases that go to court, there may be a judge as well. Sometimes, custody battles involve witnesses for both parties to determine the better fit for the child.

Timeframe of Proceedings

One of the biggest divorce mediation benefits is that it generally takes less time. Because couples negotiate in a collaborative setting, the back-and-forth of attorneys isn’t a factor.

Mediating also avoids court proceedings. When you’re in a contested divorce, your court date may take months. You may also need to have multiple court proceedings, which can prolong the process.

Divorce Mediation Benefits

In summary, here are some of the primary advantages of working with a divorce mediator:

Likely lower overall cost
No extensive attorney negotiations
Avoid court proceedings
Shorter timeframe

Divorce Lawyer Benefits

When you choose a divorce professional, a divorce attorney also presents important benefits:

A professional dedicated to your legal needs
Representation in court if needed
Reduced stress
Guaranteed expertise to prepare and file documentation

Key Factors to Consider

If you are still stuck on whether to retain a divorce attorney or a divorce mediator, here are some questions to ask yourself:

Level of Conflict: Was the decision to separate neutral? Are you and your spouse arguing frequently regarding the divorce proceedings? Did you need to prematurely separate before filing for divorce?

Power Imbalances: Does one spouse earn significantly more than the other? Are there allegations or documented instances of abuse? Are there concerns about hidden assets?

Complexity: Do you have many assets? Do you share property? Are there children and custody considerations involved?

Need for Legal Advocacy: Is there a prenuptial or postnuptial agreement involved? Are there assets that you feel strongly about (such as a house)? Do you feel strongly about taking custody of your children?