If you are about to go through the struggle of divorce, the first question in your head should be mediation vs. litigation—which one is the right choice?
Choice paralysis in such stressful situations is natural. That is why we are here to help you navigate your way around divorce in California. The choice between the two is not simply a legal procedure you go your way about; this is a decision that shapes your entire emotional, mental, and financial experience throughout your divorce proceedings.
Are you bracing for an aggressive confrontation or hoping for a more peaceful solution? Whatever might be the case, being informed about mediation and litigation beforehand can help you make a smarter choice for your future. This blog will help you understand the difference. So, get ready and dive in!
Mediation vs. Litigation: Make a Smart Decision
Understanding the Basics
Mediation: A neutral third party known as a mediator simplifies and facilitates communication between the spouses who have opted for divorce and helps them reach a common ground and agreeable terms outside of court.
Litigation: This is a common courtroom setting where parties are represented by attorneys and have a trial where the judge makes the decisions like child custody, asset division, alimony and many other things.
Key Differences
Realistically speaking, mediation has more relaxed and flexible grounds for working. While divorce is more legally binding.
- Emotional toll
- The emotional toll of divorce is very high. It is a strenuous and long process. The tone is aggressive and confrontational, where the spouses are in conflict to win.
- Divorce mediation in San Diego is less adversarial, where the tone is more cooperative than combative. The mediator helps the spouses reach a common ground that's mutually beneficial to both parties.
- Cost, Control, and Custody
- Litigation is very costly and emotionally draining, as you have no control over court orders. From finance to child custody, everything is decided by the courts.
- Mediation is more customizable in this sense. The biggest benefit of hiring a divorce mediator in San Diego is that they are a very cost-effective way to help you remain in control of all the decisions in the separation process.
- Speed of Outcome
- Litigation takes time. There are judges, trials, evidence, and attorneys involved. It is a proper traditional procedure that can take months, even a year or two, to resolve if the conflict is very complex.
- Mediation is the easier and quicker route if the level of conflict between the spouses is very low. This can be resolved in a week or two.
- Conflict
- Litigation becomes necessary if the spouses refuse to come to a common ground or the level of conflict is too high for a neutral party to negotiate, like business ownership, high-value assets, or international custody disputes.
- Mediation is only suitable for couples who are willing to communicate and compromise.
- Power Imbalance
- Mediation can have a power imbalance between the spouses, especially if there is a history of abuse.
- Legalities
- If one party or both parties are unwilling to negotiate, and there feels a need for a binding decision that is legally compliant, then litigation is the better option.
- The mediation process in California gives no guarantee of a settlement, and if one is reached, it may not be enforceable if a party refuses to comply.
Your Next Steps: What Should You Choose?
The choice between mediation vs. litigation depends on your specific situation. Read the blog and ask yourself:
Do we communicate, and are we ready to compromise?
Can we spend enough on litigation?
Can we conclude without court orders? Or do attorneys and trials give me more confidence?
The choice is wildly affected by financial situation, level of conflicts, how well you communicate, and how willing you are to go through either of the procedures. If you want a legally binding decision, go for a divorce. If a more felxible and faster option suits you, mediation is the best choice then.
Before you reach a decision, it is best to consult good family law attorneys in San Diego, like Mesnik Law Group. Contact us for the service that takes the utmost care of you and what you need. We are here to ease the process for you. Trust us!
Disclaimer: The information provided in this content is just for educational purposes and is written by a professional writer. Consult us to know more about divorce.
