Isn’t it going to be more expensive to hire both a lawyer and a mediator?
When you go through the court system, your lawyer is not your only litigation expense. There are a whole lot of other people you will pay: paralegals, court reporters, messengers, expert witnesses, consulting experts, court filing fees, arbitrators, photocopiers, document processors, travel, special masters, etc. Even through all those expenses, lawyers don’t settle all lawsuits in direct negotiations. It is quite often that an attorney will hire a mediator in the late stages of litigation. After all the discovery, depositions, and motions, and pre-trial legal fees, your lawyer is likely to hire a mediator to help settle the case just before trial. After all that, you wind up paying for both your lawyer and the mediator regardless.
While we cannot ever promise how much you will spend in mediation anymore than a lawyer can promise you how much you’ll pay in litigation, mediation tends to be a much more affordable alternative. Many couples that hire an independent attorney, only do so to review the final settlement agreement. Many lawyers are willing to review final agreements for a small flat-fee. In most cases, while you may hire a lawyer and a mediator, it can be much more cost-effective than going through the litigation process.