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How do mediation and litigation compare?

On Behalf of | Jun 21, 2021 | Uncategorized |

Sometimes spouses try as hard as they can to make their marriage work but aren’t successful. When they’re at such a breaking point, they often decide to go their separate ways.

If you watch how television producers depict divorce on television, they often always make it look contentious. Divorce proceedings don’t have to go that way, though. Spouses can resolve their differences amicably via mediation.

Pro and cons to weigh when deciding whether to pursue litigation or mediation

Litigation tends to be more time-consuming and costly than mediation. Judges only have so much time on court dockets to hear cases. It may take weeks to have your next hearing if time runs out at one, thus delaying the divorce. The longer a divorce drags out, the higher the potential legal fees are. Mediators tend to have more flexibility in their schedules, thus allowing matters to get resolved more quickly.

Judges presiding over contested divorces tend to urge spouses to come up with a mutually acceptable resolution. However, they can step in and make a decision when a couple cannot reach a resolution. Mediators aid spouses in finding points on which they can compromise instead of making decisions for them. Divorcing couples tend to be best at abiding by decisions they make instead of ones the court makes for them.

Is mediation or litigation right for your divorce?

Divorce is not about winners and losers. It’s instead about two people who once were committed to one another coming together to reach an amicable resolution as they move forward in their next chapter in life. Compromise is critical in such situations. You may want to continue reading the material about mediation here on our website to determine if this is an option you might want to pursue in your divorce case.