Why is Litigation So Expensive?

The cambridge dictionary defines litigation as “the process of taking an argument between people or groups to a court of law” and gives the example, “both sides agreed to the settlement to avoid the expenses of litigation.”

That example of the use of the word litigation highlights one of the key features of litigation: The cost. If the dictionary definition of litigation includes a mention of how expensive it is, you know it is really expensive.

Why is litigation so expensive? When you litigate, you must first draft a host of documents to present to the court so the judge can become familiar with your case. This is a complicated, time-consuming process, so most people hire an attorney to do it - meaning they pay for every minute that attorney spends preparing their documents as well as the time spent interviewing you,  time spent on pre-hearing settlement discussions, the filing filing fee, the time it takes attorney to travel to the courthouse, and the three to five hours of time the attorney spends at the hearing. That means you’ll likely pay between $3,000 and $5,000 for representation for one person for one hearing, and a typical family law case has at least five issues that need to be decided. Sometimes they can all be decided at once, but sometimes they are decided one by one.

Why is litigation so time-consuming? It takes a long time to prepare legal documents. It also takes a long time to schedule hearings, settlement conferences, make phone calls - you get the idea. When you choose to litigate, you’re choosing to take the slow lane: The busy court system is jammed with traffic.
How is mediation different? When you mediate, you’re choosing the carpool lane: By working together, you can pass the rest of the traffic and get right to the destination, a final agreement to settle your case. You don’t wait for a judge to make decisions for you - you jump right to settlement and take control of your own case from the start.