Why Choose Mediation Over Litigation When Divorcing?

By
The Tabuchi Law Team
October 16, 2023
5
min read
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Introduction

Divorce is a difficult and emotional experience for everyone involved. It can be especially difficult when there are children involved. If you are considering divorce, it is important to weigh the pros and cons of different dispute resolution options, such as mediation and litigation.

What is mediation?

Mediation is a process in which a neutral third party, called a mediator, helps couples to reach an agreement on their divorce issues. The mediator does not take sides or give legal advice. Instead, they provide a safe space for couples to communicate and negotiate.

What is litigation?

Litigation is a process in which couples take their divorce issues to court. A judge will hear the evidence presented by both sides and make a decision on all of the divorce issues, including child custody, child support, and property division.

Benefits of mediation

There are a number of reasons why mediation is a better option for many couples than litigation. Here are just a few:

  • Mediation is less expensive than litigation. Litigation can be very costly, especially if the divorce is contested. Mediation is a much more affordable way to resolve your divorce issues.
  • Mediation is faster than litigation. Litigation can take months or even years to complete. Mediation can be completed in just a few sessions, depending on the complexity of the issues involved.
  • Mediation is more flexible than litigation. In mediation, couples have the freedom to negotiate their own agreements. In litigation, the judge will make the decisions for them.
  • Mediation is less stressful than litigation. Litigation can be a very adversarial process. Mediation is a more collaborative process, which can help to reduce stress and conflict.
  • Mediation is more likely to result in a mutually agreeable outcome. In mediation, couples work together to reach an agreement that they are both happy with. In litigation, the judge may make a decision that neither party is happy with.

When is mediation not right?

Mediation is not right for everyone. If your divorce is highly contested or if there is a history of domestic violence, litigation may be the best option for you.

How to find a mediator

If you are considering mediation, it is important to find a qualified mediator. There are many different types of mediators, so it is important to find one who has experience in divorce mediation and who is a good fit for your situation.

You can find mediators through a variety of resources, such as your local court, a lawyer referral service, or online. Once you have found a few potential mediators, schedule a consultation with each one to see which one you feel most comfortable with.

Conclusion

Mediation can be a great way to resolve your divorce issues in a peaceful and affordable way. If you are considering divorce, I encourage you to consider mediation as an option.

Additional information

Here is some additional information about mediation that may be helpful:

  • Mediation is a voluntary process. Both parties must agree to mediate in order for the process to begin.
  • Mediation is confidential. Anything that is said during mediation cannot be used against you in court.
  • Mediation is not a guarantee of a successful outcome. However, it is a very effective way to resolve divorce issues in a peaceful and amicable way.

If you have any questions about mediation, please do not hesitate to contact us.

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