How long does mediation take compared to litigation?
Please note that these answers are not legal advice. If you’re in need of legal advice or a lawyer please visit our Expert Guide
The time difference between mediation and litigation is often dramatic. Here’s what you can generally expect:
Mediation Timeline
Typically takes 2 to 6 months depending on:
Complexity of assets and custody arrangements
Willingness of both parties to cooperate
Scheduling availability of the mediator
Sessions are usually 1–2 hours each, with multiple sessions scheduled a few weeks apart.
If both parties are prepared and cooperative, it can sometimes be resolved in as few as 3–4 sessions.
Faster if:
Both parties are organized and willing to compromise.
There are fewer contested issues (e.g., no major disagreements on custody or property).
Longer if:
There is conflict over major decisions (e.g., child custody or division of assets).
Additional experts are required (e.g., financial advisors, real estate evaluators).
Litigation Timeline
Typically takes 9 months to 2+ years, sometimes longer.
Includes multiple stages:
Filing and Serving Papers: 1–2 months
Discovery Process: 3–6 months (can be longer if assets are hidden or complex)
Motions and Hearings: 1–6 months
Trial: If you go to trial, it may add several more months or even over a year.
Post-Trial Motions and Appeals: Can add additional time if one party contests the ruling.
Faster if:
There is minimal conflict and both parties are cooperative.
Financials are straightforward and well-documented.
Longer if:
There are disputes over custody, finances, or hidden assets.
One party is uncooperative or files multiple motions.
Why Mediation Is So Much Faster:
Fewer court appearances: You meet privately with a mediator instead of waiting for court dates.
Less paperwork and bureaucracy: Decisions are made in real-time, not scheduled around crowded court calendars.
Direct communication: Both parties speak directly instead of going through layers of legal procedures.
Example Comparison:
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