One of the most consequential decisions in a divorce is how to divorce. The two primary paths in New York are mediation and litigation.
What Is Divorce Mediation?
Both spouses work with a neutral mediator to negotiate the terms of their divorce. The mediator facilitates productive conversation but does not represent either side. Once you reach agreement, an attorney drafts the settlement documents and the case is filed as uncontested.
What Is Divorce Litigation?
Each spouse hires their own attorney. The attorneys negotiate, and if they cannot settle, a judge decides after trial. Most litigated cases settle before trial.
Comparing the Approaches
| Factor | Mediation | Litigation |
|---|---|---|
| Cost | $3,000–$8,000 | $15,000–$100,000+ |
| Timeline | 2–4 months | 1–3+ years |
| Control | Full—both spouses decide | Limited—judge decides if no settlement |
| Privacy | Confidential sessions | Public court filings and hearings |
| Relationship | Preserves cooperation | Often increases conflict |
| Best For | Cooperative couples, co-parenting | Power imbalances, hidden assets |
When Mediation Works
Mediation is effective when both spouses negotiate honestly, there is no power imbalance or abuse, both make full financial disclosure, and the couple wants to maintain a cooperative relationship for co-parenting.
When Litigation Is Necessary
Litigation provides protections when one spouse hides assets, there is domestic violence, one party refuses to negotiate, or complex valuations are required. The formal discovery process is a critical tool for uncovering the truth.
Understand the Financial Picture
Whether you choose mediation or litigation, knowing the guidelines for child support and spousal maintenance gives you a starting point for any negotiation.
A Hybrid Approach
Many clients use mediation to reach core terms, then hire an attorney to review the agreement before signing. This combines mediation's cost savings with the legal safeguard of experienced counsel. At Neuhaus & Yacoob, we regularly serve as reviewing counsel for mediated agreements.
Contact us to discuss your options.