Mediation vs. Litigation: Which One is Right for You?

Going through a divorce can be a very difficult process. For many, it is a time of emotional and economic distress and uncertainty. People often rely on friends and family for advice, but the fact of the matter is everyone’s divorce and situation is personal and unique. That’s why choosing the right attorney and the divorce method that is right for your situation can make all the difference in the world. Let’s take a look at the different methods and the benefits of each: 

Mediation 

Mediation-trained lawyers are skilled in de-escalating conflict and fostering respectful dialogue. Mediation, or the collaborative process, encourages mutual respect and aids the parties in working together to reach agreements, rather than going through the courts. This allows parties to save a lot of money on attorney’s fees and court costs that can accumulate quite a bit if litigation drags on. It also allows parties to resolve disputes faster since the courts are often backed up and getting before a judge can take months.  

One of the main advantages of working collaboratively is that the parties have control over the outcome of their divorce. The parties can be creative in their resolutions to meet their families’ unique needs, which is especially advantageous when children are involved. Mediation prioritizes the well-being of children and mediators help parents develop parenting plans that are tailored to their family life, reducing the likelihood of future disputes and fosters cooperative behavior for the entire family. 

Lastly, mediation provides a level of privacy that litigation does not. Unlike court proceedings, mediation is completely private, which is advantageous for high profile individuals and when there are sensitive matters involved. 

Most people prefer mediation for the above-stated reasons. They generally leave the divorce process having had a less stressful and more positive experience than if they immediately move through the courts, which in some cases can actually create conflict that would otherwise not exist. 

Litigation 

Although mediation is often couples’ first choice, there are some circumstances that require litigation and there are advantages to litigation as well. The litigation route is very useful if you are dealing with a partner (or soon-to-be former partner) that is uncooperative or abusive. When you are up against an individual who is adversarial and has no desire to be cooperative, finding a good litigation attorney is paramount.  

Unlike mediation where the parties set the pace and timeline, litigation provides clear procedures and timelines that the parties must follow so that your rights are protected. The judge will make a decision when the parties cannot agree. The rulings or orders issued by the judge are binding on the parties and are helpful when there is high conflict between the parties or complex financial issues. 

Moving through the courts also offers parties more formal discovery tools that help gather any hidden assets and information that an individual may otherwise not disclose. 

This process can also be helpful when there is an abusive party or party with mental health or addiction issues. In these situations, working collaboratively can be uncomfortable and often daunting. It is easier and safer for a judge to dictate terms and behavior expectations than it is for you. 

Whether you feel as though a collaborative or litigated divorce is right for you and your situation, Bloom Peters, LLC offers attorneys who are trained Arbitrators, Mediators, Parenting Coordinators and specialists in the collaborative divorce process, as well as professional litigators who will fight for your rights every step of the way. Just give us a call if you would like to set up a consultation to discuss your options 215-366-7839.