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Litigation or mediation: Which divorce strategy is right for me?

On Behalf of | Oct 16, 2024 | Divorce |

Divorce is a challenging and emotional process. One of the first decisions you must make is whether you can resolve differences with your spouse amicably or whether you must go to court for a fair divorce settlement.

Each approach has its benefits and drawbacks, which can significantly impact your future. Understanding the differences between mediation and litigation can help you make an informed decision.

What does divorce mediation entail?

Mediation is a collaborative process where both parties work with a neutral mediator to resolve their separation or divorce issues. Here are the basic steps involved:

  • Initial meeting: The mediator explains the process and rules and ensures that both parties understand the importance of neutrality and confidentiality.
  • Joint and private sessions: The mediator conducts joint sessions where both parties discuss their issues and private sessions to address individual concerns.
  • Discussion and negotiation: The parties work through their issues, guided by the mediator, to reach mutually acceptable agreements.
  • Drafting the agreement: If the parties reach a settlement, the mediator helps draft it. Both parties and their attorneys must sign it before being filed with the court.
  • Follow-up sessions: If necessary, the mediator schedules additional sessions to resolve any remaining issues.

Sometimes, litigation becomes necessary when one spouse isn’t willing to meet the other halfway. If there is an imbalance of power, lack of transparency, or issues like domestic violence, mediation may not be appropriate.

Pros and cons of mediation and litigation

Choosing between these two divorce strategies depends on your specific circumstances. Here are the advantages and disadvantages of each approach:

Mediation

  • Generally less expensive than litigation
  • Mediation sessions are private, unlike court hearings
  • Both parties have a say in the final agreement
  • The process can be tailored to fit the needs of both parties
  • A more amicable process can reduce emotional strain for children
  • The mediator does not make binding decisions
  • Success depends on both parties’ willingness to cooperate
  • May not work in cases of significant power imbalances or abuse

Litigation

  • A judge makes all legally binding decisions
  • Suitable for cases involving significant disputes or lack of cooperation
  • Each party has an attorney to advocate for their interests
  • Can be significantly more expensive due to legal fees and court costs
  • Court proceedings are public, which can lead to a loss of privacy
  • Litigation can take a long time to reach a resolution
  • The adversarial nature can increase emotional strain, especially on children

Experienced legal guidance can help you decide which method is most beneficial to achieve an equitable outcome. A knowledgeable divorce attorney can provide the information and support needed to make sound decisions to achieve your goals.

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