Family Law: Mediation vs. Litigation

Divorce can be a long, stressful, and expensive process. Not every divorce needs to go to court to be settled, however. If you and your spouse are on civil terms with each other, you may desire to take a different route from litigation. Mediation may be a solution to make your divorce easier.

The Benefits of Mediation in a Divorce

Litigation and mediation both have their benefits, and the method you choose for your divorce can depend heavily on the specific situation of your break up. For many divorces, however, mediation can save time, money, and emotional labor.

  • You can decide your divorce’s outcome. Unlike litigation, where a judge will determine the terms of your divorce, you and your spouse will work cooperatively to settle your divorce on your own terms. So long as your agreement is fair to both parties, your agreement will most likely be granted by the court.
  • You can save money. Attorney fees can be expensive, and preparing for court and attending hearings can be a considerable investment of time and money. The cost of litigation can be unpredictable, so it can be hard to budget for your divorce. The cost of mediation is much easier to predict, and generally, the expense is shared between the two parties so there is more investment to reach an agreement.
  • You can preserve a relationship with your spouse. Because of the collaborative nature of mediation, you and your spouse will need to remain on civil terms to complete your divorce. In litigation, hurtful things may be said as you each fight for your own best interests, and divorce court transcripts are public record. Mediation allows you both privacy and focuses on problem-solving, instead of winning. Maintaining your relationship can make it easier on the entire family, especially when you have children.
  • You can set the timeline for your divorce. Litigation is notoriously unpredictable, and it can lead to long, drawn-out divorces. Mediation allows you and your spouse to resolve your issues in a more efficient manner, and you can meet at mutually convenient times to negotiate
  • You can address issues that a court cannot. In litigation, your attorney will fight for your best interests, but you will not be able to work out the emotional aspects of divorce. Mediation allows parties to discuss what they want and why, without being limited by the court.

If you are considering mediation, get in touch with our Madison divorce attorneys. At Balisle Family Law Legal Counsel, S.C., our experienced team frequently participates in mediation, and we can help you through the negotiation process.

Contact our firm today to schedule an initial consultation.