Going through a divorce is never an easy process, even if you are on good terms with your former partner. In many instances, though, the two partners are not on good terms with one another and require the assistance of a legal third party to help resolve disputes. Whether those disputes are centered around money, property, visitation rights for children, or something else, getting them solved promptly is crucial. Most couples going through a divorce who cannot agree on a path to a solution utilize meditation or litigation. These two concepts are distinctly different and understanding the nuances of each can help you determine which is right for you.

Mediation: A Collaborative Approach to Divorce

Learning all about mediation and dispute advice for parenting plans will be crucial for getting your family back on track after a divorce. Mediation is known as the collaborative approach to divorce as it involves less legal back and forth than litigation. For those who haven’t heard the term, mediation is a voluntary process where a neutral third party, known as a mediator, is brought in to hear both sides of a dispute and to create a resolution.

The point of mediation is to focus on facilitating communication and finding mutually agreeable solutions, rather than someone dictating an order to both parties. Mediation can significantly reduce stress during a divorce due to its collaborative nature and because the mediator plays a role in creating a safe and supportive environment. This mediator will use active listening and skillful questioning to build the gaps between the parties to reach a solution.

The main downside to mediation is that a solution is not legally binding until it is incorporated into a court order, so technically one party can fail to comply with the decision. There can also be a power imbalance if one side feels pressured to agree to terms. It’s also true that mediation works well for simple divorce situations, but complex cases with deep financials, multiple children, many properties, and other factors can often make mediation less effective.

Litigation: The Traditional Divorce Route

On the other side of things, litigation is the more commonly seen method for resolving a divorce case. This is a formal legal process that involves resolving disputes through a process of court hearings, exchanging information between parties, and even potentially a trial for a formal ruling. Litigation provides a structured and impartial forum for resolving disputes and gives a legally binding resolution which is the primary benefit.

The main downside to consider with litigation, though, is that the process can be expensive with high legal fees and court costs. It’s also a time-consuming process that can cause significant stress or disruption to your life or your kid’s lives. Given this, litigation is sometimes seen as a more adversarial course of action that can even serve to increase tensions and create a hostile environment. Regardless, attorneys will play a major role in the litigation process so be sure to find an accredited lawyer with family law experience who can help you resolve your divorce case.

Factors to Consider When Choosing a Method

Whether mediation or litigation is the right choice for your case is entirely dependent upon the details of your divorce. Some partners end on good terms and find no issue collaborating with a mediator to reach a solution, whereas others are at each other’s throats and require formal legal assistance with the process. Take the following factors into account when thinking about which path is right for you:

  • The Cost: Compare the potential costs of mediation and litigation, including attorney fees, court fees, and expert witness fees to see which you can afford
  • Timeline: Discuss the timeframes involved in mediation and litigation, including the potential for delays in the court system
  • Control: Examine the level of control individuals have over the outcome of their divorce in each method, such as if one partner is susceptible to being pressured in mediation, as an example
  • Stress: Explore the emotional toll of mediation and litigation on individuals and families and determine if this is something you wish to put your loved ones through
  • Child-Friendly: Evaluate how the mediation and litigation process may impact children’s well-being and perception on what a healthy relationship means

Tips for a Successful Mediation or Litigation Process

Regardless of whether you’re choosing mediation or litigation for your divorce, here are some tips to help you navigate the divorce process more effectively:

  • Communicate effectively: Open and honest communication is crucial in any divorce process, so be sure to work with your legal professional or mediator as much as possible
  • Stay organized: Keep a detailed record of all documents, communications, and meetings so that you can reference them in the future
  • Prepare for negotiation: Research your financial situation and consider your goals for the divorce, but remember that it’s important to be fair and not to ask for extraordinary things
  • Be flexible: Be open to compromise and willing to consider different options with your partner
  • Hire a qualified attorney: Choose an attorney with experience in family law specifically
  • Gather evidence: Collect any documents or evidence that could be relevant to your case so that it does not become a “he said, she said” legal case
  • Be prepared for court: Practice your testimony and be ready to answer questions to show that you are on top of your case
  • Consider your children’s well-being: If you have children, their best interests should be a top priority rather than your feelings regarding the divorce
  • Seek support: Lean on friends, family, or support groups for emotional support

Settle your divorce effectively and efficiently

Going through a divorce is a troubling experience and, regardless of whether you utilize mediation or litigation, there will be issues that arise. Avoid getting angry with your soon-to-be former partner and try to maintain a positive mindset. There are pros and cons to both mediation and litigation, so consult with a legal professional ahead of making your choice so that you can make a more informed decision on which path is right for you.