Are you considering a divorce? Both mediation and litigation are methods used to pursue a divorce. But, which one is right for you?
Litigation vs. Mediation: What Does It All Mean?
Litigation, the most commonly known legal process, involves typical family court processes to resolve a dispute. These cases are heard by a judge and sometimes a jury, depending on the case.
Mediation occurs outside of the court. It involves the use of a trained mediator who helps two parties come to a resolution or compromise.
Advantages and Disadvantages of Litigation
Litigation is the most traditional method of dissolving a marriage. Litigation can be used to dissolve any type of divorce, both contested and uncontested. Plus, litigation helps spouses who are unable to come to a conclusion on their own.
Although there are advantages, litigation is typically more expensive and time-consuming than other methods such as mediation. In the end, a judge will make the final decision regarding your divorce.
Advantages and Disadvantages of Mediation
In mediation, both parties are asked to come to an agreement regarding the divorce proceedings. Often, mediation provides solutions that may not have been available to you in court such as avoiding tax trouble or crafting a child custody agreement that works better for your family.
Because both parties must be willing, mediation can be unsuccessful, especially if a party refuses to negotiate. It may also take multiple mediation sessions to reach an agreement. If unsuccessful, litigation could be required regardless of time and money spent on mediation.
Is Divorce Litigation or Mediation Best for You?
To decide which route is best, you must consider your assets, your relationship with your spouse and other factors.
When Litigation May Be Best
Do you and your spouse have a lot of community assets or a high net worth? If so, litigation may be the best route for you. Litigation may also be best when spousal abuse is the cause of divorce, due to the bullying that can occur during mediation. If the divorce is contested, meaning you and your spouse simply can’t agree, litigation is probably required.
When Mediation May Be Best
If the divorce is uncontested, meaning there is no argument and both spouses agree to work on a compromise, mediation offers a great non-court alternative. If you don’t have any minor children and your marital assets or property is simple and clean cut, mediation can be the best route for you to take.
Considering a Divorce? You Should Also Consider an Attorney.
Are you considering a divorce? Not sure which method is right for your family? You should consider hiring an attorney to help. To learn more about mediation and litigation, send us a message.