Divorce Mediation vs. Litigation: What's the Difference?
December 13, 2023

December 13, 2023

If you're going through a divorce, you're not alone. According to the CDC, approximately 827,000 divorces occur each year. One of the first decisions you need to make after deciding to get divorced is to decide if you'll be conducting divorce mediation or litigation. These are two very different services, and you need to understand which service would be right for you.


What Is Divorce Litigation?

A litigation is a legal process that is necessary during a divorce when two parties can't agree on major issues such as child support, spousal support, division of property, or other important topics. Litigation is often a long process that involves a trial. A family judge would oversee this event and make judgments based on the evidence presented in court. If you and your former spouse are unable to agree on visitation schedules or the division of property amongst yourselves, then a judge may decide on the major points of the case.


What Is Divorce Mediation?

Mediation is an alternative to litigation. Mediation is sometimes referred to as an alternative dispute resolution (ADR). This type of proceeding is intended to help the former couple settle any potential disagreements during the divorce process without a long court case and without involving a judge. A mediation is overseen by a mediator. These professionals help a former couple find solutions to potential disputes in a neutral environment, and the process may be quicker than litigation in some circumstances.


Is Mediation or Litigation Right for Me?

There is no one-size-fits-all when it comes to divorce. The type of proceeding you choose will depend on many factors, including the complexity of the divorce process and the cooperation of all those involved. Oftentimes, mediation is preferred for uncontested divorces, but it can be beneficial in the event that the divorce becomes contested as well. It's also important to note that mediation is confidential whereas litigation is often a matter of public record. If your divorce process involves sensitive topics you would prefer to keep confidential, mediation may be the right option for you.


If you're facing divorce and you're in need of legal assistance, our experienced team at Latham Moffatt, P.C. Attorneys at Law is there for you. We offer both family law and mediation services, so you can feel confident knowing your divorce process is in the right hands. Contact us today for more information or to schedule a consultation with us. We're here to help you through this difficult time.

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