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Should You Use Mediation or Litigation to Resolve Divorce Cases?

On Behalf of | Dec 15, 2021 | Divorce

If your marriage is ending, you probably have a lot of questions about what comes next. Our compassionate attorneys at Angela Faye Brown & Associates could walk you through the divorce process and advise you on whether you should use mediation or litigation to resolve your divorce case.

The main issues to resolve typically include property division, alimony, child support, and child custody. The short answer is that both mediation and litigation are often used to dissolve marriages, since both options have different advantages.

Participating in Mediation

Mediation is a fantastic tool that allows the parties to work out their differences with the help of a neutral third party, or mediator. It’s the mediator’s job to help the former spouses craft their own agreements that can last until the divorce is finalized and, if they address everything legally, may be entered as a final divorce order.

Mediation is often less combative than a trial since the goal is for everyone’s desires to be met. Unfortunately, sometimes people’s needs are too far apart, or one or both spouses refuse to compromise. In that case, they may need to go to court to resolve their differences.

Going to Trial

If estranged spouses cannot agree on how to resolve their marital issues during mediation, they and their attorneys must head to trial and participate in litigation. Litigation is different from mediation because once a judge issues an order, it cannot be changed without opening a new case.

Litigated divorces tend to take longer than mediated ones. Judges tend not to look kindly on people who waste the court’s time and will be quick to throw out any cases they deem as frivolous.

For example, while property disputes are common in divorce, the judge will not want to listen to a couple argue over every dish. They also will not tolerate cases where one party seems to be just harassing the other. Essentially, judges want the problems to be decided as efficiently and with as little pettiness as possible.

The dedicated lawyers at Angela Faye Brown & Associates want to work with you to reach the resolution that is right for you and your family. Reach out today to discuss with a legal professional whether you should engage in mediation or litigation to resolve your divorce case.