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Benefits of Divorce Mediation Versus Litigation

Updated: Feb 3

Divorce is a life-changing decision that is not only mentally straining but also weighs on your finances. Moreover, it is especially arduous when the other party does not cooperate. In this respect, mediation can help a great deal. It can ease the burden by allowing both parties to reach an agreement without a lengthy legal procedure.

Mediation brings both parties together to meet with a neutral party who helps them to work out an agreement. Decisions like child custody, property division, spousal support, and other such issues are discussed and mutually agreed upon in the presence of a mediator.


Couples can decide to end their marriage in a less messy way by taking the help of a mediator. Not every divorce needs litigation which is time-consuming, financially and mentally draining and still leave the parties unsatisfied and unhappy.


However, what is the difference between divorce litigation and divorce mediation? Divorce mediation helps couples find ways to dissolve their marriage amicably. While litigation is an expensive and contentious battle that makes both parties feel physically and emotionally exhausted.


Here are some benefits that make divorce mediation a much better option compared to litigation:


1. Control over the procedure: In litigation, the decision lies in the hands of the judge overseeing your case. In mediation, however, both parties can present their issues and come to an agreement that suits their individual needs.


2. Less time-consuming: Litigation is a legal procedure that is at the mercy of the court dates. In contrast, a mediator can help you schedule the case at your convenience, which makes the procedure less time-consuming and free of hassles.


3. More economic: Litigation requires you to hire an attorney to present your case, along with other expenses associated with a legal battle. On the other hand, the services of a mediator are much less expensive, often half the cost of hiring an attorney.


4. Addresses issues better: A court is a formal setup where only legal arguments are presented in front of the judge. There are other issues that are not possible to be represented in a court. As divorce is an emotional affair, mediation can help both spouses discuss issues that cannot be taken into consideration in litigation.


5. Ensures confidentiality: Unlike litigation which is a public affair, mediation is confidential. There are no records or transcripts that can be later revealed or used. This makes mediation a much preferable option compared to a legal procedure.


6. Mutual settlement: In litigation, there is generally a winner and a loser which can be stressful for both parties in case of a divorce. In mediation, however, couples report better satisfaction as the outcome is mutually agreeable to both parties.


7. Preserves the relationship: A mediation is a collaborative process where both parties have their say and feel heard. It helps preserve the relationship, both on the personal and business fronts that might otherwise be hampered by litigation.


8. Higher success rate: A mediation process is not only more pocket-friendly and time-saving but also provides a better resolution to both parties. It has a higher success rate compared to litigation.


Not all divorces have to take an ugly turn, where each party strives to prove themselves right at the cost of emotionally hurting the other. Mediation is a more viable and less stressful process to end a marriage with a mutually agreeable outcome.


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