| Mediation | Collaborative Practice | Litigation |
| Who Controls the Process? | You and your spouse control the process and make final decisions | You and your spouse control the process and make final decisions | Attorneys control process and Judge makes final decisions if no agreement |
| Degree of Adversity | You and your spouse pledge mutual respect and openess | You and your spouse pledge mutual respect and openess | Court process is based on an adversarial system |
| Cost | Usually the least expensive model, but provides the least amount of professional support | Costs are manageable, usually less expensive than litigation; team model is financially efficient in use of experts | Costs are unpredictable and canescalate rapidly including frequencyof post-judgment litigation |
| Timetable | You and your spouse create the timetable | You and your spouse create the timetable | Judge sets the timetable; often delaysgiven crowded court calendars |
| Use of Outside Experts | Jointly retained specialists provideinformation and guidance helping you andyour spouse develop informed, mutuallybeneficial solutions | Jointly retained specialists provideinformation and guidance helping you andyour spouse develop informed, mutuallybeneficial solutions | Separate experts are hired to support the litigants’ positions, often at great expense to each |
| Involvement of Lawyers | Even if the mediator is a lawyer, he or she can not advocate for either party. Hiring outside attorneys as review counsel isgenerally recommended | You each retain lawyers who assist you in working toward a mutually created settlement | Lawyers fight to win, but someone often loses |
| Privacy | The process and discussion or negotiation details are kept private | The process and discussion or negotiation details are kept private | Dispute becomes a matter of public record and, sometimes, media attention |
| Facilitation of Communication | The skill of the mediator will determine how well communication is facilitated between you and your spouse | Team of collaborative specialists educate and assist you and your spouse on how to effectively communicate with each other | No process designed to facilitate communication |
| Voluntary vs. Mandatory | Voluntary - process is outside of court | Voluntary - process is outside of court | Mandatory if no agreement |
| Lines of Communication | You and your spouse communicate directly with the assistance of the mediator | You and your spouse communicate directly with the assistance of members of your team | You and your spouse negotiate through your lawyers, often impairing communication with your spouse |