Litigation is often the path to divorce, but is mediation better?

On Behalf of | Jan 18, 2022 | Divorce

If you and your spouse have decided to end your marriage, you may think that the next step is the traditional divorce in court.

In some cases, litigation may indeed be the best option. However, many couples prefer mediation for several reasons.

Choosing mediation

As a divorcing couple, you will meet privately with a mediator, a neutral third party, outside of court. The mediator will provide legal guidance as you and your spouse work together to develop a settlement agreement that is satisfactory to you both. Mediation is usually a considerably faster process than litigation and therefore less expensive. It is less stressful than having to appear in court and easier on children than litigation, which is often contentious. Most important, perhaps, is that through mediation, you and your spouse will control the outcome of your divorce rather than having to abide by the decisions of a judge.

Learning communication skills

Successful mediation relies on communication. In fact, learning to communicate openly as you work through sticking points is a skill that will help you immeasurably as you build new family relationships in a post-divorce world.

Opting for litigation

Not every couple is a good match for mediation. Both parties in a divorce must agree to mediation in order to use this alternative to litigation. A traditional divorce in court is also the path to take for couples who already have a contentious relationship or who are dealing with a marital history of drugs, alcohol or abusive behavior. With legal guidance, you can choose the best divorce option for you and your soon-to-be ex-spouse.