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Divorce mediation or litigation: Selecting the best path

On Behalf of | Aug 14, 2023 | Divorce |

The divorce process has evolved since the early days of laws surrounding marital dissolution. Today, mediation is considered preferential to litigation, where two soon-to-be ex-spouses work together to find their own resolutions. That path is preferred, particularly when children are involved in the proceedings.

Litigation is more drawn out over time, with continuous court proceedings to resolve disputes. Often, this process sets the tone for the split going forward, with spouses in perpetual disagreement over seemingly every single aspect of their divorce.

Overall, mediation is the preferred way to move forward. However, marriages that involve neglect, abuse, and other dangerous situations require a more direct approach to protecting spouses.

Mediation’s countless benefits

The benefits of mediation are numerous. Children do not have to know about the gory details of how their parents got to the point of ending the marriage. Instead of watching a contentious divorce play out in real-time, they can prepare for a new chapter in life. While the trauma of divorce still exists, their parents working together has established a more peaceful tone.

Divorce mediation also spares spouses from prolonged courtroom battles and features alternative dispute resolution to help keep all matters private. Mediation provides spouses control over the process. With help from a third-party mediator, they can control their own respective destinies by creating their settlement pact.

Upon the completion of a successful negotiation, documents are filed with courts reviewing the verbiage and signing off on the agreement without having to return to court for multiple appearances.

Divorce is messy. However, the children’s best interests should be top-of-mind, and all family members navigate a new path toward a much different future.


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