While divorce is commonly perceived as an acrimonious affair that is fought out in court, in reality, not all divorces are contested. In an uncontested divorce, the couple will agree on all issues related to their divorce without there being a need to go to court or involve a judge in the decision-making process.
Couples who decide to end their marriage must choose between a contested or uncontested method of divorce. Two such common methods are litigation and mediation. This article will explore some of the differences between litigation and mediation to help you determine which divorce option is right for you.
What Is Divorce Mediation?
Divorce mediation is a voluntary process in which a neutral third party helps couples negotiate and agree on the terms of their divorce. The mediator does not make decisions for the couple but instead facilitates discussions and offers guidance, helping the couple find common ground and reach a mutually satisfactory agreement.
Mediation offers couples greater control over the outcome of their divorce allowing them to work together to find solutions that are tailored to their unique needs and circumstances and is typically less expensive and time-consuming than litigation as it enables couples to maintain a more amicable relationship post-divorce. As it is a private process, mediation also ensures the couple’s discussions and agreements remain confidential.
What Is Divorce Litigation?
Divorce litigation is a legal process where each spouse hires a divorce attorney to represent them in court before a judge who will ultimately decide on issues such as property division, child custody, and financial support. The court’s decision is legally binding and can be enforced if necessary.
Litigation is often necessary when there is increased animosity between a couple or where they have been unable to reach an agreement through mediation or other alternative dispute resolution methods. Litigation is also typically more expensive and time-consuming than mediation, as it involves greater court appearances and attorney’s fees.
Which Option Is Right for You?
Ultimately, the decision of which option is right for a couple depends on their unique circumstances and needs. Below are some factors to consider when deciding between mediation and litigation:
- Cost: As mediation is generally less expensive than litigation, couples who are concerned about the cost of their divorce may wish to consider it as a cost-effective alternative.
- Privacy: As opposed to court proceedings which are a matter of public record, couples who value their privacy may prefer mediation as a way of keeping their divorce confidential.
- Control: In mediation, couples work together to reach an agreement, rather than leaving decisions up to a judge. Couples who would like greater control over the outcome of their divorce may prefer mediation over litigation.
- Time: Mediation is generally faster than litigation, as it doesn’t involve lengthy court proceedings. Couples who want to end their marriage as quickly as possible may wish to consider mediation.
- Emotional Impact: Divorce can be an emotionally challenging process. Mediation may be less emotionally taxing than litigation, as it involves less adversarial confrontation.
By considering the factors above, you can choose the right method to settle your differences and navigate the divorce process with confidence.
