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Author: Jomathews Verosilove on Jan 05,2023

Divorce Mediation Vs. Litigation: Which Is Better?

If you and your estranged spouse decide to divorce, you will have to engage in intense negotiations in order to reach a divorce agreement. In this case, there is a lot at stake, and emotions are high: You are concerned about what you believe is right and what is fair. In addition to ensuring your assets, your money, and your children are protected, you should also do your utmost to ensure your sanity is protected.

There are a number of reasons why people turn to an attorney or mediator in order to protect their interests and make sure that they are paid fairly. In some divorce cases, terms can be negotiated during the process of divorce and can be reached over an amicable dinner table. Still, in many divorce cases, the process is highly complex, and negotiations must be conducted to determine "who gets what."

Divorce Mediation: What Is It?

Mediators are trained to help the parties to reach an agreement on the terms of the divorce without having to involve the courts in the process. In order to discuss finances and family issues, couples are provided with a safe and private environment by their mediator. Depending on how cooperative you are with your spouse in the process of creating a resolution for the end of your marriage, this may be the best option for you if you are on the same page about the end of your marriage. 

Divorce Litigation: What Is It?

In the case where a couple is unable to reach an amicable agreement on divorce terms, a litigated divorce may prove to be beneficial to them. As soon as the couple is unable to reach a settlement before the trial date, it is deemed a "contested" divorce, and the couple will have to go to court. In a divorce action, one spouse (the plaintiff) seeks the intervention of the court to determine the terms of the divorce and asks the court to decide those terms for them. Among the matters decided by the courts are asset divisions, child support, alimony, child custody, child support, and the support of dependent children.

Divorce Mediation Vs. Litigation: What's the Difference?

Many different backgrounds are represented among divorce mediators. A financial expert, such as an accountant, or a professional, such as a psychologist, a social worker, or a marriage and family therapist, may need the help of a professional financial consultant. There is also the possibility that they may become lawyers as well. There is a significant difference between the rates of a mediator who is not a lawyer and those of a mediator who is a lawyer.

There is no way a mediator can also be a lawyer on either side of a dispute, regardless of the fact that the mediator is often a lawyer since the function of the mediator is what makes them a mediator or a lawyer in the first place.

Mediation lawyers represent their clients by advocating for them, while lawyers who represent their clients by advocating on their behalf will guide and assist their clients in reaching a mutually beneficial agreement with their dispute. As a mediator, it is illegal to provide legal advice to either or both spouses at the same time during discussions between spouses, even if the lawyer is serving as a mediator for both parties.

In the event that the mediation is a success, the mediator will prepare a written settlement agreement on behalf of the parties. The process for preparing and filing divorce paperwork varies by state. It is possible in some states for non-lawyers to act as mediators in these types of situations. In some cases, a mediator who is not a lawyer may be able to assist the parties in preparing the divorce documents but cannot file them for them. If you are considering hiring a mediator, make sure that you inspect their services and find out if any tasks will need to be handled by yourself.

A successful mediation leads to what?

The only person who has the authority to dissolve a marriage legally is a judge, not an intermediary. This is because a judge is the only one with authority to do so. If your mediation goes smoothly, but even if your mediation goes smoothly, there will still be some additional steps you will need to complete in order to finalize your divorce after the mediation. A divorce decree will be issued to you as soon as the mediation process is completed and both parties have signed the marital settlement agreement.

It is important to keep in mind that the need to submit a marital settlement agreement to the court should not influence the decision to use mediation or litigation. As long as a court of law issues the divorce decree, it will not matter what happens afterward. As a result of a successful mediation, if you file for a divorce without a fight after the mediation, the court can finalize the divorce much more quickly than if you litigate your case all the way to the end.

Mediation versus litigation: What's the difference in cost?

When you decide to have a litigated divorce or a mediated divorce, you will be required to pay court filing fees. It is nevertheless true that divorce litigation tends to be far more expensive than mediation, aside from the relatively minor expenses that might be involved.

A mediator's fee constitutes the majority of the mediation expense, which is usually divided between the spouses on a 50-50 basis. For a private divorce, the mediation costs can typically range from $5,000 to $10,000, depending on the severity of the divorce.

You will have to pay the lawyer's fees both for court appearances and for work that happens outside of the courtroom if you decide to hire a lawyer to handle your divorce through litigation. Generally speaking, the longer you drag out your divorce process, the more work (and fees) you will have to pay to your lawyer.

Mediation & Litigation FAQs

Is mediation a good option for divorcees?

Rather than going to court, you and your estranged spouse may be able to reach an agreement through mediation, which may be more cost-effective than going to court with an established court case. The cost of attorney fees can be avoided if you are cooperative and willing to work together with your attorney, as long as you both do your best to cooperate.

Is mediation better than litigation?

You may only be able to resolve the conflict in your case through litigation if there is a very high level of conflict in the case. It is also possible to file for a divorce that is contested if you want

How can divorce mediation be successful?

It is a process that involves resolving conflicts through a process of alternative dispute resolution, known as mediation. Even if, at least for the purpose of producing a divorce agreement, it is important that a divorce agreement is drafted without a lengthy trial or emotional confrontation.

In what ways does a divorce mediator help?

When a couple is divorcing, its mediator does not act on behalf of the divorcing couple during the divorce proceedings and makes decisions on their behalf. Their goal is to serve as a guide, assisting them in finding a settlement that is both satisfactory to both parties and that adequately meets their needs on all levels to ensure a mutually satisfying settlement. The counselors will be non-confrontational and non-confrontational while observing the couple's concerns and intervening as needed in order to come up with solutions that meet the couple's needs.

Conclusion

As experienced lawyers, we know how hard it is to experience divorce firsthand, and we have seen it time and time again during our years of practice. As a part of our services, we can advise you on the best course of action, regardless of whether you want to proceed with mediation or litigation or if you want to start with mediation first. Even in cases of uncontested divorce, the process of filing for divorce is a complex one, which involves weighty decisions that can have a lasting impact, regardless of whether the divorce is contested or uncontested. Thus, it's extremely important to carefully plan each step before you take it and to provide the right amount of guidance throughout the process.