If you’ve decided to divorce your spouse, one of the immediate next steps is determining the appropriate method for legally ending your marriage. Going to court and arguing your case in front of a judge is one option, but it’s not the only one. There are several alternative dispute resolution methods available, including mediation.
It’s not always easy to know which method is best for your situation, and Pier Law & Mediation can help you determine an appropriate path. This article provides an overview of the key differences between mediation and litigation.
The Key Differences Between Divorce Mediation vs. Litigation
The most significant difference between divorce mediation and litigation is the setting. While litigation involves taking cases to court and having a judge decide issues regarding spousal support, child custody, and property division, mediation is done outside of the courtroom and is facilitated by a neutral third-party mediator.
When children are involved, the stakes tend to be high. For this reason, approximately 93% of divorcing parents explore alternatives to litigation, such as mediation. This form of alternative dispute resolution may be preferable to going to court because the parents can discuss the various options and come to a compromise instead of having a judge make an order that neither party is happy with.
In other words, mediation allows divorcing spouses greater control of the outcome of the salient issues because they are working toward a resolution that they can agree on. If the judge makes the ultimate decision, there is a risk that both parties will walk away dissatisfied, whereas the goal of mediation is to provide a workable solution that both parties can live with.
Pros and Cons of Mediation
Both mediation and litigation have advantages and disadvantages. The key is to be aware of the pros and cons, and apply them to your unique situation.
The pros of mediation include:
- Cost-effectiveness: In general, mediation tends to be less expensive than litigation because the cost of court can be avoided, and the legal fees can be significantly lower.
- Efficiency: A divorce through the court system can take months (and sometimes years). Mediation, on the other hand, can often be handled in a matter of weeks.
- Confidentiality: In a litigated divorce, everything discussed becomes part of the public record. With mediation, the discussions are private and confidential.
- Control: Because couples are able to resolve issues without the interference of a judge, they have more control over the outcome.
- Amicability: Facing off against a former spouse in court tends to bring out anger and a contentious “desire to win” attitude. Mediation promotes finding a solution together, which can lead to less animosity and conflict.
Despite these advantages, it’s important to note that mediation is non-binding. After reaching an agreement, a court must still approve it before it is legally binding. Further, mediation is usually not suitable for cases with domestic violence or hidden assets.
Pros and Cons of Litigation
Going to court to litigate a divorce may be the preferred option for some couples because it can offer the following benefits:
- Legally binding decisions: If couples have difficulty reaching agreements, the court may need to step in.
- Resolve conflicts: Resolution can be difficult if one or both parties are non-cooperative or are hiding assets.
The drawbacks of litigation are a mirror image to the pros of mediation. As noted, it can be expensive, time-consuming, adversarial, and couples lose the benefits of control and confidentiality.
Contact Us To Explore Your Options
At Pier Law & Mediation, we take a multi-faceted approach to divorce. We work directly with you to develop a strategy and determine whether mediation or litigation is the right path. To schedule a consultation, call (604) 900-7158 or contact us online.
