Side-by-Side Comparisons

Mediation vs Litigation

Cost, timeline, privacy, control, and typical outcomes — a complete comparison of the two main paths to divorce in Utah.

Mediation

From $1,500

typical total cost

Litigation

$15,000–$100,000+

typical total cost

Key Factors at a Glance

FactorMediationLitigation

CostFrom $1,500 total$15,000–$100,000+ total

Timeline3–6 months1–3+ years

PrivacyPrivate, not public recordHearings are public record

ControlBoth parties decide outcomeJudge decides for you

Conflict LevelWorks best: low–mediumDesigned for high conflict

ChildrenLess trauma, co-parenting focusAdversarial, more stressful

AttorneyNot required, recommendedAlmost always needed

When to Choose Mediation

☐

You and your spouse can communicate

You don't have to agree on everything — just be willing to talk through it with a neutral third party.

☐

You want to keep costs down

Mediation is a fraction of litigation cost and typically resolves much faster.

☐

You have children

Research consistently shows children fare better when parents resolve disputes outside of courtrooms.

☐

Privacy matters to you

What you say in mediation stays private. Court proceedings are on the public record.

☐

You want control over the outcome

You and your spouse craft the agreement — a judge doesn't impose one on you.

When Litigation May Be Necessary

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There is domestic violence or abuse

Safety comes first. Mediation is not appropriate where there is a power imbalance due to abuse.

☐

One spouse is hiding assets

Litigation gives you discovery tools — subpoenas, depositions, financial disclosures under oath.

☐

Your spouse refuses to participate

If one party won't engage in good faith, a judge can compel participation and issue orders.

☐

High conflict with no common ground

Some divorces are simply too contentious for mediation to be productive.

Note on Utah Law

Utah courts require mediation before most contested hearings anyway — so even if you plan to litigate, you will likely be ordered to attempt mediation first. Starting with mediation voluntarily saves time and preserves the relationship.

What about divvi?

divvi is the most affordable option for uncontested divorces — couples who have already agreed (or are close to agreeing) on the key issues. divvi guides you through the paperwork, calculates child support, and prepares court-ready documents for a fraction of the cost of either mediation or litigation.

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Mediation vs Litigation

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