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Divorce Mediation vs Litigation: Differences & Advantages

If you are getting divorced or have a custody issue, you are already stressed out. Now you have to figure out how your divorce is going to proceed and you may want to better understand the differences between divorce mediation vs litigation.

For couples able to put their differences aside, the divorce mediation process provides a way to discuss, negotiate, and resolve custody, support, and property distribution issues without litigation. In this article, the Philadelphia mediators at Peaceful Separation and Divorce explain the differences between divorce mediation vs litigation, the advantages and disadvantages of each, and how to figure out if divorce mediation is for you.

If you are considering entering into mediation, call the experienced Philadelphia divorce mediators at Peaceful Separation and Divorce. We have helped many families through their family court matters and we can help you too.

Key Differences Between Divorce Mediation vs Litigation

Divorce mediation and litigation are two completely different ways to resolve ending your marriage. One is not necessarily better than the other, rather, each may be appropriate in different circumstances. There are many key differences to consider when deciding between divorce mediation vs litigation including:

• The process
• How long each may take
• How much each costs
• Whether you and your spouse can remain civil
• Privacy concerns

The processes behind divorce mediation and litigation are fundamentally different towards conflict resolution.

Process

The divorce mediation process is a collaborative effort that takes place over a few or several sessions. A couple sits down with their mediator, expresses their wishes and concerns, and with the help of the mediator comes to an agreement on issues such as support, child custody, and property distribution.

On the other hand, litigation is an adversarial process that takes place in court and in negotiations between the parties’ attorneys. Ultimately, a judge decides who gets support and how much, who gets physical and legal custody of your children, and how your marital property is divided between you.

Time

Depending upon the complexity of your financial situation, mediation can be completed in a few or several sessions in a matter of weeks.

The divorce process through litigation can take months or even years in particularly contentious matters.

Cost

In mediation, the parties pay a mediator per session and, perhaps, for filing the final Marital Settlement Agreement. They are also responsible for paying the court filing fees for a divorce, custody or support matter.

In divorce litigation, the parties pay court filing fees and also pay their lawyers an hourly rate to speak with them, prepare their documents, prepare their legal strategy, negotiate with their spouse’s attorney, and appear in court. 

Civility

During mediation, a couple negotiates solutions they craft and feel are best for their family going forward. Both divorce mediation and custody mediation give the parties the skills to discuss issues, negotiate, and resolve them. These are valuable skills especially if they are parents.

For a litigated divorce, the parties are adversaries, and their attorneys are looking for the best result for them – not necessarily for their families. The parties’ attorneys advocate their client’s most advantageous position before the family law judge, and the judge decides. This gives the parties no opportunity to learn to work together going forward, and they have no input as to the final resolution of custody, support, and property distribution issues.

Confidential

Divorce mediation is entirely private and confidential.

Everything said in court during litigation is a matter of public record. Only private conversations between the parties and their respective attorneys are confidential.

When to Use Divorce Mediation Over Litigation

You & Your Spouse Are Willing to Negotiate & Cooperate

If you and your spouse put your differences aside and work together, or at least attempt to work together with the help of a trained mediator, you should try mediation.

You Want to Save Time & Money

In just about all cases, mediation is less expensive and resolves issues more quickly than litigation.

You Want Greater Control Over Your Divorce Agreement

In traditional divorce litigation, the judge decides support, child custody, and property distribution for you. In mediation, you work with the mediator to craft arrangements that are best for your family and acceptable to the family law judge who signs off.

You Want the Best Outcome for Your Children

Only you and your spouse know your children and what is best for them. With the help of your mediator, you craft child support and custody arrangements in their best interests.

You Want Your Custody or Divorce Matter to Remain Civil

Divorce mediation and custody mediation gives couples the skills to negotiate with one another and collaborate on the best solutions for their family. They use these skills to resolve any issues arising after their matter is settled.

When to Hire a Divorce Lawyer

Even if you enter into divorce mediation, circumstances may arise that warrant legal advice or representation outside of mediation.

Your Spouse Won’t Cooperate

If there are one or more issues that your spouse refuses to negotiate, you may have no choice but to litigate that issue or those issues. This is not uncommon. Many couples are able to collaborate on solutions to most of the issues arising from their divorce with the help of their divorce mediator, but get stuck on one issue, such as custody. They must each retain their own attorney and appear before the family law judge to have that issue adjudicated.

There is a History of Domestic Violence

It is rare that a victim of domestic violence can sit across the table from their abuser and work with them on support, custody, or property distribution. Under the best of circumstances, the balance of power is unequal. Under the worst of circumstances, meeting with their abuser causes further trauma. In these cases the parties should communicate with one another through their attorneys.

You Suspect Your Spouse is Hiding Assets

If you believe your spouse is hiding or wasting marital assets, you must retain your own attorney to petition the court for an injunction and protect your rights.

Is It Better to Get a Divorce Mediator or a Lawyer?

Divorce meditation is not necessarily “better” than litigation. But, for those who can mediate their issues it provides a confidential, collaborative, less expensive, and quicker way to divorce than litigation.

Talk with a Divorce Mediator at Peaceful Separation & Divorce Today

For personalized guidance from an experienced divorce mediation lawyer who successfully navigated alternative divorce methods for over years call the Philadelphia mediators at Peaceful Separation and Divorce. When you meet with one of our mediators and learn how the process unfolds, you will know if mediation is right for your family. We look forward to working with you.