Divorced couples often decide how to settle their differences. Divorce mediation and lawsuit are the two most popular methods to help them decide. A neutral third party, who is called the mediator, assists the divorcing couple in having conversations that result in solutions that both parties can agree on.
On the other hand, litigation takes place in a courtroom where a judge makes judgments on issues including spousal maintenance, property partition, and child custody. Every option has advantages and disadvantages, and choosing to use mediation or litigation might affect how the divorce turns out. Continue to learn more by reading the blog until the end.
Decision Making Ability
When you decide to take your divorce to court, the judge will have the final say in important matters pertaining to your case. This implies that families may not always know how things will turn out. No power of decision will be given to the families.
The couple makes decisions together through mediation. This implies that you need to be able to communicate politely and with some degree of mutual understanding. Working with an impartial third-party mediator, they will lead you through the discussions required to reach a resolution.
Time and expense
When you file for a divorce through litigation, the court sets the trial date; unless you are able to reach an earlier settlement, you have no control over the timeframe. A complicated divorce may need a year or longer in certain situations, contingent on the availability of both parties and the court to set a date for the proceedings. Additionally, because mediation fees are usually lower, it may be more economical. In litigation, you will not be in control of the final decisions.
The judge will rule it, and you will have to collaborate with it. Contrarily, divorce mediation often involves two to three sessions spread out over a few weeks, though it sometimes just needs one. The length of time between sessions, the intricacy of your case, and your cooperation in determining what is reasonable and fair will all affect how long meditation takes.
Objectives and Goals
Mediation works well for couples that value keeping close connections and co-parenting relationships. These are important qualities to have since it place a high value on cooperation along with finding win-win solutions. How situations are handled and how the couples work together to make the divorce easier will determine everything else.
But, if defending your rights or promoting particular interests is your first priority, you might need to file a lawsuit to make your case in court. Evaluate your priorities and goals to see which strategy best fits your expected outcomes. If your goal is to have an outcome that suits your partner and is best for your kid, you should try mediation.