Mediation vs. Litigation, Which is the Right Choice for Your Divorce?

 Posted on August 16, 2023 in Family Law Blog

Divorce is one of the most challenging life events an individual and family can experience. Each spouse must determine how to best handle the dissolution of their marriage. Two primary routes for resolving divorce are mediation and litigation. Knowing the difference between both approaches can empower both parties to protect themselves emotionally and financially.

Why Is Mediation Preferred Over Litigation?

Mediation offers a less combative and more cooperative approach to divorce. A neutral third party, known as a mediator, facilitates discussions between the spouses. The focus is on open communication, cooperation, and finding acceptable solutions. Mediation is beneficial when both parties are willing to work together. 

One of the key advantages of mediation is the control it gives to the divorcing couple. Each spouse can create their own personalized agreement instead of a judge. Together they can handle issues such as: 

• property division

• child arrangement

• financial agreements

Mediations often encourage a supportive environment. Divorce usually has lots of emotional strain, but focusing on cooperation makes things much more manageable. If children are involved, mediation can encourage a stable environment while requiring far less money and time from both parents.

What Are the Pros and Cons of Litigation?

Litigation requires taking all divorce matters to court. The judge will then provide a legally binding ruling. Litigation is usually a last-ditch effort when the following are present: 

• Persistent disagreements 

• High conflict personalities

• Complex legal issues 

Litigation is not a favorite among many because it usually requires more time and money than mediation. But, there are a few advantages to litigation. It may be crucial when one party hesitates to cooperate, tell the truth, or negotiate in good faith. It also offers a framework for handling intricate legal problems that require more legal analysis. 

Contact One of Our Wheaton, IL, Divorce Attorneys

Every divorce is different, so choosing between mediation and litigation is personal. If collaboration and open discussion are possible, then mediation is ideal. Mediation reduces conflict, but this option is not best for everyone. 

When conflict is unavoidable and the divorce involves complicated legal issues, litigation is needed. A divorce attorney may offer insight into strategies and assist in your unique circumstance. They can provide clarity and help navigate the complicated process of both mediation and litigation. 

Our team at A. Traub & Associates is dedicated to guiding individuals through the complexities of divorce. Contact one of our DuPage County divorce attorneys at 630-426-0196 to schedule your initial consultation.

Sources: 

https://www.forbes.com/advisor/legal/mediation/ 

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/?sh=6cd9c5a420ae