The Benefits of Mediation vs. Litigation in Divorce

May 9, 2023
By Alternative Divorce Solutions

Divorce has the potential to be a long, arduous, and expensive process, especially when spouses refuse to cooperate or communicate in a respectful manner. However, doing so means missing out on the benefits a process like mediation presents to both parties. Litigation can be messy, ultimately taking control from spouses and leaving critical decisions up to the court.

Mediation allows spouses to meet with a neutral party, known as a mediator, to work out a mutual agreement regarding property division, spousal support, child custody, and other important issues. Once the agreement is signed, it is legally binding.

Here are some of the benefits this option provides couples seeking to end their marriage:

  • You have the power: If your divorce case ends up going through litigation, decisions will be made by a judge who will listen to the facts argued by the attorneys. You essentially lose control of your own destiny. During mediation, you and your spouse both have a say in the outcome, and will probably be able to reach an agreement that suits your needs better than a third party.
  • Save money: Taking a divorce to trial is expensive. By opting for mediation, you will spend considerably less. In litigation, costs can get out of control and quickly add up, whereas mediation fees are generally split between spouses, which offers more of an incentive for both spouses to make these negotiations work.
  • Preserve the relationship: Mediation, unlike litigation, is a collaborative process. Litigation is more of a fight, wherein verbal punches are thrown that cannot be taken back. If there are children involved, the hostilities stoked throughout litigation can derail your efforts to co-parent. Opting for mediation will help you develop a more cooperative relationship with your ex, which serves the best interests of your children.
  • You determine the timetable: Litigation is time-consuming and spouses are often at the mercy of the court when it comes to scheduling. The longer this process gets drawn out, the more hostilities begin to grow. With a mediator, you schedule mutually convenient times and are able to reach an agreement at a pace that works for both of you.
  • You are able to address issues that a court cannot: During a trial, usually only certain interests are represented, such as custody issues, spousal support, and property division. These are not always the only things that spouses want to address. Given the emotional nature of a divorce, there are intangible issues that spouses may want to discuss, which cannot be represented in court.

A mediator is not a judge and therefore will not make the decisions for you and your soon-to-be ex-spouse. His or her job is to simply facilitate negotiations and offer unique recommendations for consideration by both spouses. Instead of choosing a side, a mediator listens to both parties with the goal of helping them resolve any disputes in a way that satisfies their interests.

Divorce Mediation in Orange County

Divorce does not have to be ugly. In fact, it can go smoothly, causing little stress and heartache to both parties. At Alternative Divorce Solutions, we encourage our clients to try mediation because many are often surprised by how much they can accomplish by meeting with a trained professional to discuss what is important to them. When a divorce goes through litigation, it becomes part of public record, and both spouses lose their privacy. Our process is confidential, creating less anxiety for everyone involved. Instead of racking up lawyer fees, you will owe us only a one-time flat fee that includes filing fees, court costs, mediation appointments, communication with our team, and paperwork preparation.

Call us for a free consultation today at 949-368-2121.


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