The Differences Between Divorce Mediation vs. Litigation

Mediation or litigation? Discover which divorce option suits you best. Explore the differences between divorce mediation vs. litigation. Most people are familiar with divorce litigation. However, there is an alternative method to part ways with your spouse that can often make the legal — and emotional — process of ending your marriage easier. Mediation is a form of alternative dispute resolution that allows couples to settle the issues that must be resolved in their divorce outside the courtroom with the help of a neutral third party. In contrast with litigation, divorce mediation is low-conflict, cost-effective, and offers a significant amount of flexibility.

Here are some of the other major differences between divorce mediation vs. litigation:

1. Mediation is Non-Adversarial

One of the biggest differences between divorce mediation vs. litigation is that mediation is non-adversarial and takes place in a neutral environment. A third party called a mediator will help to facilitate communication between you and your spouse, while keeping conflict at a minimum. Mediation can allow you and your spouse to end your marriage amicably — which can be crucial if you will be co-parenting your children together.

2. Mediation Allows You and Your Spouse to Control the Outcome

A major advantage of divorce mediation vs. litigation is control over the outcome of your divorce. Unlike in litigation, where a judge decides your case, a mediator does not have the authority to make a ruling. Rather, they help you and your spouse explore various options and understand each other’s concerns as you work toward reaching a mutually agreeable solution.

3. Mediation is Less Time-Consuming Than Litigation

Divorce litigation can be lengthy. It can take anywhere from a few months to several years to go through the court process, depending on the contentiousness of the parties and the court calendar. Mediation is informal and allows you and your spouse to go through the divorce process on your own timeline, and your own terms. If you and your spouse are willing to cooperate, you may only need a few sessions with a mediator to reach a settlement agreement.

4. Mediation is More Cost-Efficient Than Litigation

Mediation is generally much more cost-effective than litigation. Since it requires no court appearances and less formal paperwork, you would not incur the attorney fees and court costs in mediation that you would with litigation. Additionally, you and your spouse will typically share the costs of the mediator — in litigation, you are each responsible for your own attorney fees.

5. Mediation is Private While Litigation is Public

One of the major benefits of divorce mediation vs. litigation is the level of privacy it offers. Litigation takes place in an open courtroom while mediation allows couples to end their marriage behind closed doors. Nothing that is discussed in mediation will become part of the public record. Typically, the participants in mediation are required to sign a confidentiality agreement before the process begins. This is to encourage spouses to communicate their needs openly and honestly.

6. Mediation Allows You to Find Creative Solutions

Mediation allows couples to find creative solutions to the issues that must be decided in their case. The parties are encouraged to collaborate and be flexible. Often, the resolution that is reached in mediation concerning matters such as property division, alimony, child support, and custody is very different from what a judge might order. Unlike in litigation, where a judge who does not know you will determine the issues that may impact you for years to come, mediation allows you to tailor your divorce agreement to meet the specific needs of your unique family.

7. Mediation is Less Stressful Than Litigation

Mediation is collaborative, informal, and non-adversarial. The focus is finding an amicable resolution, rather than placing blame. This makes it less emotionally draining than litigation. In addition, since spouses know the results of their case, the mediation process offers predictability and eliminates the stress that can come with the uncertainty of litigation.

8. Litigation May Be Necessary in Certain High-Conflict Cases

When considering whether divorce mediation vs. litigation is right for you, it’s important to be aware that there are certain cases where litigation might be the better option. For example, if you suspect that your spouse may be hiding assets, there are discovery tools that can be used in a litigated case to uncover them. Mediation also might not be effective in cases where there is a power imbalance between spouses — or domestic violence has been an issue in the marriage. In such situations, litigation can help ensure a party does not have an unfair advantage.

Contact an Experienced Missouri Divorce Attorney

The best way to determine whether divorce mediation vs. litigation is right for you is to consult with a knowledgeable divorce attorney who can best advise you regarding your options. Divorce and family law attorney Mark A. Wortman provides reliable representation to clients in the greater Kansas City, Missouri area who are facing divorce and a wide range of family law matters. To schedule a confidential consultation to learn how he can assist you, please contact him today online or by calling (816) 523-6100.