Divorce Mediation vs. Litigation: What You Need to Know!

October 5, 2023

Divorce is a difficult time for anyone, and deciding how to resolve your divorce can be a daunting task. There are two primary methods to resolve a divorce - divorce mediation and litigation. Divorce mediation is a process where a neutral third party helps you and your spouse come to an agreement on your own, without the intervention of a judge. Divorce litigation is a process where lawyers present evidence to a judge to make a ruling on the divorce settlement. Deciding which resolution method is right for you is a critical decision that can have long-term impacts on your life. In this blog post, we will discuss the differences between divorce mediation and litigation, factors to consider when deciding which method is best for you, and how an attorney can help navigate the process. 


What is divorce mediation?

Divorce mediation is a collaborative process that involves both spouses meeting with a neutral third-party mediator. The mediator helps facilitate a discussion between both parties to come to a mutually satisfactory separation agreement. Unlike litigation, mediation does not involve lawyers or a judge making decisions. The mediator remains neutral, allowing both spouses to have greater control and flexibility in deciding their separation terms. Typically, mediation is less expensive, faster, and produces more amicable solutions that suit the needs of both parties. 


What is divorce litigation?

Divorce litigation is the legal process of having lawyers present evidence in front of a judge for a ruling on the divorce settlement. The judge makes decisions based on laws laid down by the state, and as such, both spouses have less control over the outcome. Litigation is typically more expensive, more adversarial, and a slower process than mediation. In some cases, the emotions and animosity between the divorcing spouses can become intense and bitter, making litigation a difficult and challenging process. 


How do you determine the best resolution method?

Your primary goal should be to develop a win-win solution that ensures both parties' long-term interests, whether through mediation or litigation. Here are some factors that can help guide your decision:

- Spouse cooperation: If both parties are willing to work together, mediation is generally the better solution.

- Cost: Mediation is often less expensive than litigation, but all factors should be considered before making a decision.

- Power imbalance: If there is a power imbalance between the divorcing couple, litigation may be necessary to ensure a fair outcome.

- Resolving specific issues: If there are specific issues (child custody, alimony, or prenuptial agreements) that require legal attention, mediation may not be the best solution.


How can an attorney help?

Choosing to work with a reputable and experienced attorney is essential to navigating the divorce mediation or litigation process. An attorney can:

- Help you understand your legal rights and options, and guide you through the process that's best for you.

- Protect your interests and fight for your rights if litigation is necessary.

- Help mediate discussions between both spouses and the mediator.

- Provide legal advice and knowledge on both the mediation and litigation process.


Divorce is never easy, and choosing which resolution method can feel daunting. However, with the right information, you can make an informed decision about what will give you the best outcome for your new life. Whether you decide on divorce mediation or litigation, the most important thing is to focus on creating a positive and peaceful resolution that works for both parties. A reputable attorney can guide you through the process and provide the expertise you need to make sound decisions and ensure your interests are protected every step of the way.


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