Mediation vs Litigation Cost Calculator
Mediation usually costs 20–30% of full litigation and resolves in 1–4 months instead of 1–3 years. Compare your dispute on cost, time, and likely outcome before signing a retainer for a court fight.
| Mediation | |
| Mediator + attorney fees | — |
| Time to resolution | — |
| Litigation | |
| Attorney fees (each side) | — |
| Court costs + experts | — |
| Time to trial | — |
Litigation is the courtroom path: depositions, motions, expert witnesses, judge, jury. Mediation is the negotiation path: a neutral helps both sides reach a binding agreement. The cost difference is typically 4–6×, and mediation resolves in months instead of years — but only works when both sides will negotiate.
Cost Difference by Dispute Type
Family/divorce: mediation $3K–$8K vs litigation $20K–$80K. Business commercial: mediation $5K–$15K vs litigation $50K–$500K+. Employment: mediation $4K–$10K vs litigation $40K–$150K. The bigger the claim and discovery, the wider the gap.
Time to Resolution
Mediation: 1–4 months from intake to signed agreement. Litigation: 12–36 months to trial in most US jurisdictions, with discovery, motions practice, and trial calendar pressure adding delay. Appeals add 1–3 years more.
When Litigation Is Necessary
When one side won't negotiate in good faith, the case sets a precedent, criminal conduct is alleged, or you need court orders that mediation cannot produce (injunctions, eviction orders). Most courts require mediation before trial — but failed mediation lets you proceed to court anyway.
Last updated May 2026. Sources: ABA Dispute Resolution Section, Mediate.com Research.