Divorce is hard. Apart from the emotional challenges, there are financial and legal decisions one needs to make; for the whole process to be as smooth as possible. One of the first decisions couples should make is how they want to resolve their legal proceedings.
This choice can drastically impact the financial cost, emotional toll, and the duration of the divorce proceedings. So, to help you understand the key differences between mediation vs litigation, let’s get some insights from Mr. Mark Maynor, a senior Boca Raton divorce attorney.
What is Mediation?
Mediation is a form of dispute resolution where both parties work together with a neutral third-party mediator. The main goal here is to reach a mutually agreeable settlement without having to drag the proceedings into a lengthy court battle. It helps to have more control over the outcomes rather than giving it up all to the court.
Issues such as property division, child custody, spousal support, and other relevant matters are discussed and resolved collaboratively. The process is generally quicker, cost effective, and can also help maintain an amicable relationship, which is important if children are involved. The whole proceedings are typically done in a private setting, keeping personal matters confidential.
What is Litigation?
Litigation, on the other hand, involves resolving disputes through the formal court system. Both parties present their cases to the court, and the judge makes the final decision. Litigation can be lengthy, expensive, and emotionally draining, and the results can often be unsatisfactory for either or one of the parties.
Litigation provides you with a legally binding resolution. Court decisions are enforceable and set legal precedents.
However, litigation often results in a “winner-takes-all” outcome. This might make it harder to preserve relationships, which might be important for divorcing couples with children.
Key Differences Between Mediation and Litigation
- Control and Flexibility
Mediations allow full control over the process. Couples can negotiate and customize agreements that work for their unique situation. In contrast, litigation places the power in the hands of the judge, who tries to ensure fairness.
However, mediation does not make binding decisions where litigation is legally binding.
- Cost and Time
Mediation is generally faster than litigation. It is scheduled according to the availability of the couple which can avoid the lengthy court schedules of litigation.
Mediation can also help couples avoid expensive attorney fees; which can significantly reduce the costs associated with litigations.
- Privacy
Mediation offers complete confidentiality. Litigation, however, is a public process.
Any discussions during mediation sessions are private, and the settled agreements remain only between the divorcing couple.
In litigations, divorce filings, hearings, and judgments are all part of the public record. This lack of privacy can expose personal and financial details to the public.
- Relationship Preservation
Mediation’s collaborative process helps preserve relationships. Whereas litigation, by its adversarial nature, can often create tension between the divorcing parties. And sometimes disturb the mental peace of the respective families too.
Maintaining a good relationship is valuable when children are involved, or even otherwise. Because a conflict in court might add to the bitterness and likely complicate co-parenting arrangements.
When Should You Choose Mediation?
If the couple is open to negotiating and willing to cooperate, Mediation might be the ideal choice. Mediation can help minimize the emotional and financial strain which usually happens in a courtroom battle.
In case the couple still wants to maintain a positive relationship, or have plans of co-parenting, mediation is the right option to go for. This mutual understanding helps in financial decisions as well. The privacy and confidentiality of mediation is also helpful, if you don’t wish to make your divorce details available in the public record.
When is Litigation Necessary?
However, in case of significant power imbalance, infidelity, lack of transparency, or more serious issues like domestic violence and abuse, litigation might be the correct option.
Also, complex legal issues like business interests and large-scale financial divisions are difficult to agree upon. In such cases too, litigation offers the necessary legal binding. This can be helpful for one or both involved parties.
Wrapping Up…
Divorce is never easy. Your choices during the process can have lasting implications on you— your finances, emotional well-being, and your future relationships. Choosing the right attorney can help you evaluate your options and guide you through the process.
The choice ultimately depends on your specific needs, priorities, and the nature of your relationship with your spouse.
Source: Affordable Divorce Center, Boca Raton, FL
