Is Mediation or Litigation Better for Divorce? 

If you are looking towards divorce, you may wonder what the differences are between mediation and litigation and which option is likely to be more effective in your case. While there are nuances that influence which choice is recommended for your situation, the first step is understanding each option. It is vital that before you take legal action, you get qualified support and advice so that you can move confidently forward with your decisions.

Working with a local divorce attorney can help you feel confident in your choices as you pursue either mediation or litigation efforts for your divorce. A lawyer will look into the nature of your divorce, your unique goals, and desired outcomes and create an individualized legal plan and strategy that uplifts these details unique to you. Some spouses may first choose to pursue mediation, and if this is unsuccessful, they may finalize the divorce through litigation.

Mediation or Litigation

It can be challenging to know what type of legal action to enact when pursuing divorce in San Diego, which is why it is essential to remain aware of all the unique differences and details of each type.

• Mediation

  In mediation, the spouses work together with the assistance of a neutral third party to create a divorce agreement that is mutually satisfactory. The third party, or mediator, helps the parties effectively communicate and stay on task. Often trained in conflict resolution strategies, they can aid in cutting through minor issues so the spouses can separate their lives without creating an adversarial situation.

  Mediation gives a lot of flexibility for spouses to look into the unique considerations of their relationship and together come up with divorce terms that they are both happy with. These discussions will not be heard by anyone outside of the session—only the final decree will be public record. Mediation is a collaborative effort that often takes less time and is more cost-effective than litigation.

  In general, mediation is advised only for spouses who are willing and able to collaborate and work together to find amicable solutions. It is especially useful for spouses who are divorcing amicably and need to maintain a healthy relationship post-divorce, such as in co-parenting situations.

• Litigation

  There are situations where the spouses cannot resolve their issues through mediation. Examples of situations where this is likely are instances of significant emotional hurt, power imbalances that put one spouse at a disadvantage, or domestic violence. The judge presiding over the divorce will hear from both parties and then create a divorce decree that resolves any issues the spouses cannot resolve themselves.

  Ultimately, through litigation, you are handing over the power to decide the specific details of your case to a lawyer. Also, in contrast to mediation, all the details presented to the judge will be public record.

  A thorough attorney is vital during litigation, as they understand how to thoroughly represent their clients in court to ensure their client’s stance and supporting evidence is communicated clearly. Finding a local family law attorney will also afford you the support of a professional who likely has experience handling divorces in front of the presiding judge of your case.

A local family law lawyer can assist you in making an informed decision that most meets your goals and desired outcomes.

FAQs

Q: How Do I Know If My Divorce Will Have a Favorable Outcome?

A: Determining if you will have a favorable outcome in your divorce case can be difficult. There are many different aspects that can influence how the situation turns out, especially if there are any children involved. There are, however, some actions you can take to set yourself up for success.

The first is to retain an experienced family law attorney who can build a legal strategy that supports and strengthens your case. They will likely advise that you next begin to gather all relevant evidence for your stance on how the divorce should be finalized.

Q: How Much Is Mediation in California?

A: The cost of mediation in California depends on the unique circumstances of each individual case. Mediation, however, is typically cheaper than litigation, as divorcing spouses hire one mediator to assist in a few meetings where they work together to determine their divorce terms. Because mediation tends to be quicker and more efficient than litigation, costs are lower than with litigation.
Speak with a local divorce attorney can help you understand the financial expectations of mediation and divorce in general.
Q: Are There Alternatives to Litigation In California to Get Divorced?

A: There are alternatives to litigation in California to handle your divorce. Many individuals wrongfully assume that you must go to court if you plan to get divorced, but this is not always the case. In the situation where you believe you can peacefully engage in dispute resolution, you can pursue mediation. Mediation allows opposing parties to meet in a neutral space with a neutral mediator to help resolve conflicts outside of the courtroom.

Q: Does Mediation Really Work?

A: Mediation does work in certain contexts. Mediation is a great option for opposing parties who want to avoid the time and financial commitment of litigation and believe that they can peacefully find a resolution with the assistance of an unbiased mediator. Unfortunately, mediation is unlikely to work for highly contested and volatile divorces. It depends on the circumstances of your divorce and the level of intervention needed.

Q: How Do I Choose an Attorney?

A: You can choose an attorney through a variety of means and sources. Word of mouth is how many individuals connect with an attorney due to their positive review by a previous client. Many attorneys are found online or in local advertisements. If you are looking for a specific type of attorney, you can research this online and set up an initial consultation to learn if you are a good fit for working together.

Contact a Trusted Mediator and Attorney Today to Resolve Your Divorce

If you are thinking about mediation or litigation as you work towards a divorce in San Diego, speak with the Bickford Blado & Botros team to understand your options and what will work for you as you move toward the end of your marriage. Set up a consultation today and learn how we can help you in this pivotal time of your life.

 

Feel Free to Contact Our Office with Any Questions

858-793-8884