CENTRE FOR MEDIATION & DISPUTE RESOLUTION ONLINE

Divorce - Mediation vs. Litigation

We made more progress in two hours than after six years and six figures wasted on litigation

When your support system throughout your marriage is tied to your partner, a divorce can suddenly make you feel as though your lifeline has disappeared. Many divorcing couples think the only answer is to litigate a settlement.

If You Litigate Your Divorce... If You Mediate Your Divorce...
Combined attorneys' fees can deplete a family's finances even before discovery, delays, trials, and countless phone conversations between attorneys. vs. Mediation is a process that employs one primary facilitator. Even with consulting attorneys and a detailed agreement, the savings in time and money are substantial.
The outcome is decided by a judge. vs. The outcome will be determined by you and your spouse.
Your attorney negotiates property and custody issues for you. You may well be advised not to communicate directly with your spouse. vs. With the help of a neutral mediator, you will problem solve property and custody issues to design an agreement that works for you and your family.
All the filed declarations, where you and your spouse make accusations against each other to gain advantage, are public records available to anyone to view, even years later by your children and grandchildren. vs. Mediation is a confidential process where decisions are made in a private conference room. There are no filed declarations making accusations against each other. You maintain your good reputation.
If custody is contested, the court usually appoints a guardian ad litem for your children who may insist upon invasive psychological evaluations of the family. vs. The two of you will determine what's in the best interests of your children.
The court will determine when you have custody or visitation rights with your children. vs. You can try out various parenting plans to see if they work. You can modify the plans as your children get older without returning to court.
The Division of Property will be based on:
  • How aggressive your lawyer is compared to the other lawyer.
  • The mood the judge is in.
  • Prescribed court schedules.
  • Whether you or your spouse has more stamina for battle.
vs. The mediator helps you negotiate a fair settlement.
Your divorce will follow the timetable determined by the needs of attorneys and the court. vs. You decide how fast or slow you want the process to proceed.
You and/or your spouse may not feel committed to the results because of a lack of participation in the process, bitterness fostered during the proceedings, or lack of fairness in the result. vs. Child support, spousal support and parenting plans are more likely to be maintained when mutually decided.
Even the most poised, self-assured individuals can find themselves one of the walking wounded after experiencing the antagonistic and debilitating experience of watching your spouse and yourself being torn to shreds in court. vs. You will maintain your dignity. You will experience the challenge of working with your spouse to make the best of a bad situation. If you can't save the marriage, mediation can save the divorce.

Visit our knowledge base for interesting articles like the ones below:

Defining the Mediation Process - view the article


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