Divorce Mediation vs. Litigation

Finalizing a divorce can be a long, expensive, and hotly contested process. However, if you and your soon-to-be-ex spouse are able to discuss the terms of your divorce settlement in a respectful and amicable manner, both of you can take advantage of using mediation instead of court litigation.

In mediation, both parties meet with a professional mediator to find a mutual ground in regards to property division, alimony, child custody, child support, and other divorce-related issues. Once the agreement is made, then the divorce proceedings come to an end.

The following are the advantages of divorce mediation in comparison to court litigation.

  • Mediation saves time. Mediation only requires a few session with a mediator to come to a divorce agreement. In court litigation, however, both parties must participate in multiple steps such as meetings between attorneys, the discovery process, trials, and even delays. The judge must be available to preside over your case, which can take months or years to achieve.
  • Mediation is cheaper. The entire cost of mediation is much less compared to court litigation. Going to court is more expensive due to the court and attorney fees. In regards to mediation, all it takes are meeting fees, review by a consulting attorney, and paperwork preparation, which saves you tens of thousands of dollars.
  • Mediation enables both parties to control the outcome. The divorce agreement will only be decided by you and your spouse. In court litigation, a judge will determine your outcome, which often results in a winner and a loser.
  • Mediation protects the kids. Each parent represents the children’s best interests during mediation. If custody is contested, the court will typically appoint an attorney to represent your kids and have them be more involved in the divorce proceedings.
  • Mediation is confidential. Details of the divorce remain private through mediation, while personal information is considered public record in litigation.
  • Mediation is a respectful process. If you and your spouse are can cooperate during mediation, then both parties may be able to work together after divorce, especially if they have children.

For more information about mediation, contact our Bronx divorce lawyer at Empire Law and request a free consultation today.