Understanding the Differences Between Litigation and Mediation
Litigation is the traditional way to dissolve a marriage. The couple battles it out in an adversarial process before a judge. The judge renders decisions based on a firm application of the law. Neither side, generally, goes away happy. Plus, there are substantial costs involved with each side having their own attorney, presenting expert witnesses, and paying for each of these separately. In mediation, you have one mediator who acts as a neutral third party. The mediator facilitates discussion between the spouses and helps them reach a divorce settlement that both sides can live with. The process of mediation is significantly cheaper making it a cost-effective solution for divorcing couples. In this article, the Law Office of Robert S. Sunshine will discuss some of the key differences between mediation and litigation and how they can apply to your divorce.
Mediation versus Litigation: Key Differences
Mediation and litigation represent two different ways of resolving a divorce. The choice between the two methods can have a significant impact on the emotional, financial, and practical outcomes of the divorce process. There are key differences between litigation and mediation. Mediation generally has several benefits over traditional litigation. Some of these include:
- Privacy and confidentiality – Mediation offers considerably more privacy than litigation. Anything that goes before a judge is a matter of public record. Mediation takes place in a private setting and all discussions remain entirely confidential. This allows the couple to address sensitive matters without the fear of public exposure. Litigation, on the other hand, is a public process. Court proceedings and documents often become part of the public record. The lack of privacy can add additional stress to an already stressful situation. This is especially true for individuals who are well-known in their communities. For couples seeking to protect their privacy, mediation offers the preferred choice.
- Flexibility in scheduling – Mediation offers divorcing spouses considerably more flexibility when it comes to scheduling. Couples can arrange meetings around their own schedules, allowing them to work through their issues at their own pace. This flexibility is especially useful for busy couples and professionals or those who need extra time to make complex decisions. On the other hand, courts don’t care about your busy schedule. They set the timetable and you abide by their decision. This often results in delays and extended timelines due to backlogs in the court. Litigation can force couples into long, drawn-out proceedings. This adds to the emotional strain and the financial burden of their divorce.
- Decision-making authority – Another significant difference between litigation and mediation is the amount of control the parties have over the final outcome. In mediation, the divorcing couple negotiates a deal that represents their best interests. Both parties retain full control over the final agreement. This ensures that any decisions reached reflect their individual goals and preferences. This approach encourages compromise and helps create solutions that both parties can get behind. On the other hand, in litigation, a judge makes all the decisions. These decisions are binding and final. The judge will rigidly apply the law to the couple’s case. While this is necessary in some cases, it also means that neither party is likely to be satisfied with the result.
Talk to a Westchester County, NY Family Law Attorney Today
The Law Office of Robert S. Sunshine represents the interests of divorcing couples in mediation. Call our Westchester County family lawyers today to schedule an appointment, and we can begin addressing your concerns right away.
