Divorce Mediation vs. Litigation: Which Is the Right Option for You
Ending a marriage can be tough. Divorce can be one of the most challenging experiences in life. When you are about to get a divorce, you may face several crucial decisions. One of the most vital decisions you must make is how to legally end your marriage. Two popular options for legally ending a marriage are litigation and mediation. Each of these options has its unique benefits and drawbacks. Below, we discuss litigation and mediation. Hopefully, by the time you’re done reading this article, you will be able to decide the best course of action for your case.
Understanding Divorce Litigation
Divorce litigation is a court-based process where a judge makes decisions about various aspects of the divorce, such as property division, alimony, child support, and timesharing. A divorce is litigated when spouses cannot agree on how to resolve divorce-related issues. The litigation process begins with one spouse (the petitioner) filing a divorce petition. After being served with the petition, the other spouse (the respondent) files a response. Once a response has been filed, the court schedules various hearings and timelines to address the matters raised in the petition and response. The following are the key stages that typically follow;
- Discovery phase, which involves exchanging information and documentation
- Temporary orders hearing
- Negotiations and settlement attempts
- Trial preparation (if a settlement can’t be reached)
- Trial
- Final judgment
Divorce litigation has several advantages, including a structured environment where a judge makes binding decisions on contested matters, enforceable decisions and orders, and resolution of complex issues. Disadvantages include high costs, time-consuming, lack of privacy, lack of control over the outcome, and adversarial nature.
Understanding Divorce Mediation
Divorce mediation is an informal, voluntary, and collaborative process where spouses work with a neutral third party (the mediator) to reach a mutually agreeable agreement. The mediator helps the parties communicate effectively, identify issues, negotiate, and reach mutually agreeable solutions. Unlike judges, mediators don’t decide the outcome of the divorce. The mediation process typically involves the following steps;
- Selecting a mediator
- Initial meeting
- Information exchange
- Negotiation
- Reaching an agreement
- Drafting an agreement
- Finalizing the agreement
Divorce mediation offers several benefits, including privacy, reduced costs, control, and speed. However, this option has a few disadvantages, including the potential for unfair settlements, being unsuitable for some cases, and being dependent on cooperation.
Which Option Is Right for You?
Whether divorce litigation or mediation is the right option for you depends on the specifics of your situation. Generally, mediation is best for spouses who have equal bargaining power and believe they can cooperate to resolve their divorce-related issues amicably. On the other hand, litigation may be best if there are significant disagreements between the spouses. It is also advisable to litigate a divorce case if there is a disparity of bargaining power between the spouses.
Before deciding which option is best for you, assess your situation. For example, consider your relationship dynamics and the complexities of the issues involved. Additionally, speak with an attorney who can guide you based on your circumstances.
Contact an Orlando Divorce Lawyer
If you need help determining the best process to legally end your marriage, contact our skilled Orlando divorce lawyers at the Arwani Law Firm.
