Mediation vs. Litigation: Why Mediation is a Better Option for Couples Going Through Divorce

This article was written by Freya Robbins

Divorce can be a difficult and emotional process for everyone involved. One of the most important decisions that couples must make during this time is whether to pursue mediation or litigation. Did you know that in the state of Florida mediation is required? While litigation has been the traditional method of resolving divorce disputes in the past, mediation is gaining popularity as a better option for many couples due to the fact that couples can work together to come to their own unique and fair agreement. Before jumping into a big financial commitment with attorneys and do yourself, and your pockets a favor and talk to a mediator that is a CDFA first. In this blog, we will explore the differences between mediation and litigation, and why mediation is a better option for couples going through divorce.

Mediation vs. Litigation: What’s the Difference?

Litigation involves going to court to have a judge make decisions on issues related to the divorce, such as parenting time, child support, spousal support, and division of assets and property. In contrast, mediation involves working with a neutral third party, known as a mediator, to come to a mutually agreeable resolution on these issues. Mediation can be done with or without the involvement of attorneys, but some non-attorney mediators can work with the couple together to save time and money and help facilitate open communication for the couple to reach a mutual agreement.

Why Mediation is a Better Option for Couples Going Through Divorce?

1. Less Expensive

Mediation is often less expensive than litigation. In a litigated divorce, both parties must pay their own attorney fees and may incur additional expenses, such as fees for expert witnesses, mediators, forensic accountants and court costs. A common misunderstanding is that when you pay a retainer fee to an attorney, it signifies the start of them working on your case. However, this is frequently not the reality, and instead, you may continue to make payments without feeling like any progress has been made. There will be legal filings in the court, but that doesn’t mean that the problems you are facing are being resolved, so you are left feeling frustrated and ignored. This is the very thing a mediator does with you, actively addressing the problems that brought you there. In mediation, the couple typically share the cost of the mediator, which is less than the cost of hiring separate attorneys, if you hire a mediator that is also a CDFA or Certified Divorce Financial Analyst, then that also replaces the need for a forensic accountant. So not only are you replacing the cost of 2 attorneys, and if your mediator is a CDFA then you are also eliminating the cost of a forensic accountant as well which is tens of thousands of dollars.

2. More Efficient

Litigation can be a lengthy process that can take years to resolve, and during this time, the couple may experience ongoing conflict and stress. If there are kids involved, often times the stress and inconsistencies affect the children mentally, physically, emotionally and often times academically as well. Mediation is typically a much faster process (this can depend on the couple and their willingness to work together and to complete their parts in a timely fashion), as the couple can work together with the mediator at the same time to come to a resolution in a matter of weeks or months.

3. More Control

In litigation, if your case goes to court, the judge may make the final decisions on all issues related to the divorce. In the case of litigation each party has separate attorneys and you have to communicate through the attorneys and cut off direct communication with your spouse entirely. However, it’s essential to keep in mind that this approach could lead to further complications down the road. By solely relying on attorneys to communicate, it can become difficult for couples to work together effectively and reach a mutually beneficial solution. Therefore, it’s crucial to find ways to maintain effective communication with your spouse, even through a third party such as a mediator, to avoid any long-term negative consequences. In mediation, the couple has more control over the outcome of their divorce, as they work together to come to a mutually agreeable resolution. This can lead to a more satisfying outcome for both parties. Not only is this mutually beneficial, but it allows you as a couple to think outside of the box and figure out what makes the most sense for your specific situation.

4. Better for Children

Mediation is often a better option for couples with children, as it allows them to work together to create a parenting plan that is in the best interest of their children. When the two of you can sit down together with a third party and discuss the short and long term options together to make the best decision with your children’s well being at the forefront. Divorce affects everyone in the process, but especially affects children because they are not through all of the stages of development. In litigation, the judge may make the final decision on shared parental responsibility and time sharing, which may not take into account the unique needs of the family, if you two can come together to discuss these options, it is always a better option than a stranger making that call for your family.

5. More Confidential

Mediation is a private and confidential process, which means that anything discussed during mediation cannot be used in court. With the threat of anything being used in court off the table, it encourages open and honest communication and active listening between the couple, which can lead to a more productive and positive outcome for all parties involved, including your wallet.

While litigation has been the old traditional method of resolving divorce disputes, mediation is becoming a more popular and positive option for couples going through divorce. Mediation is less expensive, more efficient, gives the couple more control over the outcome, is better for children, and is more confidential than litigation. If you are going through a divorce, consider mediation as a better option for resolving your issues and creating a positive outcome for you and your family. If you are considering a divorce and not sure if divorce is the right option for you, check out our free download 7 Things to Know Before Separation or Divorce.