Mediation vs. Litigation, Which One is right for you?
When facing a divorce, one of the biggest decisions you make is how you resolve your case: Mediation and Litigation. Both options require the parties to create a legally binding agreement regarding the new terms of your life. Both options have their pros and cons, and the right choice depends on on your unique situation.
What is mediation?
Mediation is a private, cooperative process where a neutral mediator helps both spouses reach an agreement. Instead of battling in court, you work together to find fair solutions regarding property, finances, and child custody.
Benefits of mediation
Cost Effective: Mediation is a much more cost-effective way to navigate your divorce. Often with mediation, you pay for several sessions upfront and by the end, you and your spouse will have figured out a majority of the terms of your divorce. Litigation often requires, a retainer fee plus additional charges are later added to your bill. Phone calls, emails, all interactions with your spouse’s attorneys, and court fees can eventually pile up based on your case.
Faster Resolution: The whole process of mediation only takes as long as your ability to come to an agreement with your spouse. This drastically cuts down on the divorce process. This is the opposite to the litigation process. It is not unlikely that a case can continue through the courts for months or even years.
Less Stressful: Despite the potential to get out of hand, divorce does not have to be a series of never ending battles. It is possible to have an amicable divorce even if you and your spouse do not start on the best of terms. How? As a neutral third party, your mediator will keep you on track for each discussion. We are here to minimize the angry words and cut through the misunderstandings by staying on track— resolving one topic at a time.
More control: You and your spouse are in charge of making the all of the decisions— not the judge. Your mediator guides you through the ins and outs of divorce topics that need to be resolved, and you and your spouse work together to find the solution that works best for your family.
Confidentiality: Unlike court cases, mediation is private.
What is Litigation?
Litigation involves taking your divorce to court, where a judge makes the final decision on the terms of the divorce. This process is more formal and often involves attorneys representing each spouse.
When Litigation might be necessary:
If one spouse refuses to negotiate in good faith,
If there is a history of domestic violence or power imbalances.
If complex legal issues require court intervention
Which one is right for you?
If you and your spouse are willing to compromise, mediation is likely a better choice. It is less adversarial, saves money , and preserves relationships— especially if you have children.
However, if your situation involves serious conflict or legal complexities, litigation may be the only option.
Not sure which path to take? Nexus Mediation can help you explore your options and guide you through the mediation process. Contact today to get started.