There is a difference between mediation and litigation and both set the stage to your divorce.
When a couple decides to divorce they are mostly informed by friends and family. Some divorced individuals have a very unique divorce experience and others are unaware of the process. Regardless, they both mean well and hope to support divorcing couples. Unfortunately, every divorce is different and requires details that only experienced mediators and lawyers can provide.
Mediation helps couples through the most expensive part of a divorce. Reaching an agreement is the ultimate goal of a divorce and mediation is designed to assist couples negotiate the process. This joint decision allows couples to evaluate and determine together how they can live apart and balance a child parenting schedule, what financial means are involved, and how to move forward to establish an agreement suitable for their family structure.
Litigation is the process of taking legal action with or without the knowledge of one’s spouse. Litigation involves legal expertise without assessing each other’s concerns. Litigation also involves strict formalities and in most cases it’s addressed with legal terminology that may be intimidating or misinterpreted. Many couples believe that if they disagree they need to litigate. This is not accurate, couples may agree with some steps towards a life apart and disagree in other areas. Litigating is unnecessary when there are children involved, when it has been a long-term marriage, where there is mutual respect, and when couples want to lessen the impact divorce has on families.
Divorce is difficult at any stage and mediation has been assisting couples navigate through misunderstandings, concerns, and promotes an amicable separation. Mediation is not against lawyers or the legal system. In fact, it is a source to alternative dispute resolution. It involves a neutral third party facilitating conflict or providing resourceful information towards an amicable divorce. Mediation is less expensive, has a high successful rate, and the duration is limited. Couples will know in a short period of time if mediation will work or not work.
Litigation is expensive, the duration can be prolonged, it requires the expertise of lawyers and any concerns are addressed through the legal team.
Mediation is the wiser way to divorce, helping couples establish amicable agreements.