Many people mistakenly believe that they must go through a stressful and costly court battle to divorce. But it’s important to be aware that there is a more amicable, efficient, and cost-effective method to part ways than litigation. Mediation allows divorcing spouses to find tailored solutions outside the courtroom — and remain in control of the outcome of their case. If you are considering whether divorce mediation vs. litigation is right for your matrimonial matter, an experienced divorce and family law attorney can best advise you.

What’s the Difference Between Divorce Mediation vs. Litigation?

If you’re thinking about ending your marriage, it’s vital to understand the difference between divorce mediation vs. litigation. Mediation takes place in an informal environment where a trained neutral party called a mediator facilitates communication between spouses. The mediator is not a judge and cannot make rulings in the case. Rather, they work to help the parties openly discuss their concerns and reach a settlement on the issues that need to be decided.

In contrast, divorce litigation is an adversarial process that takes place in an open courtroom and there is a specific framework that is followed. The spouses attend a series of court conferences to work out the issues in dispute in their case. They will also go through the discovery process and file motions asking the judge to rule on certain matters. While spouses will negotiate through their attorneys as the case is ongoing, many litigated divorces settle before reaching the trial stage. However, any outstanding issues in dispute will be decided by the judge at trial.

What are the Benefits of Divorce Mediation?

There are a number of benefits to using divorce mediation vs. litigation to end a marriage. Not only does mediation provide a safe environment where spouses can feel comfortable communicating, but it can also promote healing and help protect the parties’ children from the impact of a litigated divorce. In addition to the emotional benefits of mediation, there are also practical advantages. Specifically, divorce mediation can allow spouses to:

• Maintain amicability — Since mediation is low conflict and non-adversarial, it can help ensure that spouses maintain amicability. This is essential when the parties share children and will continue to have a co-parenting relationship.
• Save time — Litigation can be a lengthy and emotionally draining process. Since the parties do not have to rely on the court’s calendar in mediation, they can divorce in less time. Depending on the number of issues that must be settled, couples may require only a few mediation sessions.
• Divorce privately — Unlike when a divorce case is litigated in an open courtroom, mediation allows couples to keep their financial and personal matters private in mediation. Nothing that is said in mediation becomes part of the public record.
• Control the outcome — With divorce mediation, spouses can determine the issues of property division, alimony, child custody, and child support between themselves. Rather than let a judge who does not know them decide the outcome of their case, mediation has predictable results and spouses can remain in control of determining the issues that will impact them for years to come.
• Reduce stress — Mediation minimizes the potential for conflict and encourages couples to work collaboratively in order to find solutions that they are satisfied with.
• Put the children first — Divorce mediation helps spouses prioritize the needs of their children, rather than focus on their conflict with each other. With the help of a mediator, the parties can create a parenting plan that works for the whole family and ensures the best interests of the children are met.

When couples use divorce mediation vs. litigation, they are typically more satisfied with the outcome of their case since they decided the issues themselves. This can often help them avoid returning to court in the future for enforcement actions or to request modifications to court orders. Importantly, even if only a few issues that must be resolved are settled in mediation, a considerable amount of time and money that would otherwise be spent in litigation can be saved — and the process is deemed successful.

When is Litigation the Better Option to Divorce?

Mediation is a highly effective method to divorce in most cases and can often help ensure couples avoid the court process entirely. However, there are certain situations in which litigation might be the better – or only – option. Although mediation can teach even the most contentious spouses healthy communication skills, the process will not work if the parties refuse to compromise.

Litigation is also the better option in cases where a spouse is concealing assets, there is a power imbalance, or domestic violence is involved. In these instances, it may be best to have the oversight of a court and access to the legal tools that are available in litigation.

Contact an Experienced Michigan Divorce and Family Law Attorney

If you would like to learn more about the benefits of divorce mediation vs. litigation, it’s essential to consult with a knowledgeable divorce attorney. Located in Sterling Heights, The Law Offices of Kevin R. Lynch P.L.C. provides a wide range of matrimonial and family law services to Michigan residents and is adept at representing his clients’ interests in both mediation and litigation.

You can set up a free consultation by calling 586-336-1088 or contacting us online. We assist clients throughout Macomb, Oakland, and Wayne counties.