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Is mediation the right choice for you?

On Behalf of | Jan 20, 2025 | Divorce

When facing divorce, you have options for how to proceed. Two common approaches are mediation and litigation. Understanding the differences between these paths can help you decide which better suits your situation.

Key differences between mediation and litigation

In a litigated divorce, spouses typically hire an attorney to represent their interests. The process often involves court appearances. A judge decides on property division, custody and support matters. This approach can become adversarial. It may also take considerable time to resolve.

Mediation, on the other hand, involves working with a neutral third party – a mediator. The mediator helps facilitate discussions between you and your spouse. They do not make decisions for you. They guide productive conversations toward mutually acceptable solutions.

Potential benefits of choosing mediation

Mediation might offer advantages over litigation. You might find it costs significantly less than going to court. This is because both parties will typically share one mediator’s expense. You and the other party will not be paying for separate attorneys. The process usually moves faster than litigation because court schedules do not bind you.

You and your spouse maintain control over the outcome. This might be more beneficial than leaving decisions to a judge who may not fully understand your family’s unique circumstances. This control might lead to higher satisfaction with the final agreement. It could also promote better compliance with its terms.

Additionally, mediation might help preserve relationships. This is particularly important if you have children together. The collaborative nature of mediation could establish a foundation for positive post-divorce communication. It could also be beneficial for co-parenting.

While mediation works well for many couples, it may not be suitable for everyone. Some situations require traditional litigation. These might involve domestic violence, substance abuse or severe power imbalances. Consider seeking legal advice. An attorney could discuss which approach aligns best with your specific circumstances.

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