The Costs of a Minnesota Divorce: Litigation vs Mediation

If you’re considering divorce, you already know that divorce can be costly. Mediation is only one way to get divorced. In this article, we break down the costs of litigation compared to mediation to give you a full picture of what to expect financially.

Litigation

If you search the internet (which I recently did), you can find reports stating the cost of a litigated divorce ranges anywhere from $10,000 to $220,000. In July 2015, Money Magazine reported that the average traditional attorney-to-attorney negotiation cost $35,000 and a full blown trial can be a minimum of $20,000 to $50,000.  How’s that for confusing?  Is that for each side or in total? Are the trial costs in addition to the initial $35,000 spent?  

This seems to be a difficult number to nail down.

Another site said the average cost of a contested divorce is $27,000, with the cost of a fully-litigated divorce averaging $78,000.  Less than 5% of cases actually go to trial.  I wonder how many cases are prepared to go to trial (therefore costing the parties somewhere north of $27,000 but maybe not the full $78,000) then end up settling “on the courthouse steps” as they say.  

Now THAT would be a telling number.

So what’s the point? The point is that even $10,000, which was the lowest amount, is a lot more than the cost of mediation.

Mediation

Since I enjoy numbers, I’d like to point out that Erickson Mediation charges a flat fee, with the mid-range being $6,760.  This is for EVERYTHING!* The flat fee covers unlimited mediator time for 90 days and the drafting of all of the paperwork required by the court.  (also it should be noted here, we always work with people on the 90 days - if there are work trips, vacations, holidays, illness, etc., we will of course extend that time.)

*What’s not included in our flat fee? In the interest of full disclosure, we can’t pay the court filing fee, which is right around $380 in all of the counties in Minnesota.  Other separate fees not included are for quit claim deeds ($46-ish each, and you need one for each piece of real estate you own), and fees for certified copies of your decree ($16-ish each).  Basically anything paid directly to the courts, EMI cannot pay for you.  

When we compare the costs side-by-side, this hardly compares to the $10,000 mentioned as the lowest cost of a litigated divorce. 

Here at Erickson Mediation, we’re here to walk with you through every step of your divorce. If you have questions about the divorce or mediation process, we offer free divorce information sessions weekly to help you get the answers you need.