There can be advantages and disadvantages to both approaches, depending on the circumstances of the particular couple. This is a question that divorcing spouses should address in advance with a potential mediator. These agencies may provide mediation at no cost. The amount of time or number of sessions needed to gather information and negotiate an agreement will vary from couple to couple, so the cost of the mediation will also vary. Mediation, however, will always be much less costly than adversarial litigation.
Personal referrals are usually the best way to find any professional, including a mediator.
Because mediation is a relatively new field, personal referrals may not be possible. In that case, divorcing couples may need to do a little research. Using mediation to negotiate a divorce agreement is almost always going to take less time, be less expensive, and result in a more solid agreement than using a lawyer to take the same case through the courts. Mediation almost always takes less time than litigation. Depending on the issues, it can even take place in one day, although most divorcing couples meet for several sessions on separate days over a period of days or weeks or months.