Divorce Mediation or Litigation — What works for me?
Ultimately, the choice between divorce mediation and litigation will be determined by unique factors in your relationship with your spouse; what you own or owe (your assets and liabilities), how complicated these financial aspects are, as well as a variety of other things pertaining to trade-offs that may exist when making decisions about exactly how you want this process done. To make that decision easier, let me give you the pros and cons of both so you can work out which system will be better for your needs.
Divorce Mediation
What It Is:
Mediation involves both parties working together with a neutral 3rd party (mediator) to help resolve each issue in the divorce — such as property division, child custody.
Pros:
Cheap: Most of the time is less expensive than lawsuit because litigating require more legal fees and court costs.
Spot on Less Adversarial: This model focuses on cooperation more than the first three and is often less emotional in nature.
- Confidential: The agreements and discussions made during mediation are confidential between the parties.
- Control: Allows you to have more control over the outcome and tailor the agreement to your specific needs.
- Faster Resolution: Can often be completed more quickly than litigation.
Cons:
- Non-Binding: Mediated agreements have to still be reduced to a legal document that is subject court approval.
- Cooperates: It takes two parties that are ready to be team players and may not always be possible in a high conflict scenario.
- Legal Guidance: Although a mediator will lead the way, they are not lawyers. You may still need an attorney to review the agreement for you.
Best For:
- Couples who are able to communicate and negotiate in good faith.
- People whose financial positions are relatively uncomplicated
- Couples who value privacy or do not want to subject their divorce process to the adversarial environment of a courtroom.
Divorce Litigation
What It Is:
It requires bringing the divorce to court, and a judge will make decisions on contested issues after hearing evidence and arguments from each party’s lawyer.
Pros:
Legal Representation — Both sides have an attorney to advance their interests.
It is structured: The court process has a formal structure and follows legal procedures which are helpful when there are complicated issues of law or major disputes.
All court orders are enforceable by law.
Cons:
Cost: More expensive in general due to attorney fees, court costs and possibly expert charges.
Slow: Court cases can drag on particularly if there is a series of hearings and appeals.
Court of Public Record: All court proceedings become part of the public record which means there is less privacy.
Less Control: The outcome is decided by a judge, and you have less control over the final decision.
Best For:
- Couples who have significant disputes or complex issues that need legal resolution.
- Situations where one party is unwilling to negotiate or cooperate.
- Cases where one party is concerned about fairness and requires formal legal adjudication.
Deciding What’s Right for You
Consider these following points while choosing between the divorce and mediation:
- Communication: Can you and your spouse communicate effectively and negotiate in good faith?
- Complexity: Are your financial or custodial issues complex, or are they relatively straightforward?
- Emotional Impact: How important is it for you to avoid a contentious, public battle?
- Time and Cost: What is your budget and timeline for resolving the divorce?
If you’re uncertain, you might start with mediation and, if it doesn’t work out, explore litigation as a backup. Consulting with a legal professional can also help you weigh your options lawchef provides you with best mediation and divorce lawyer who can helps you in determining the best path based on your specific circumstances.
