Using Out-Of-Court Solutions To Peacefully Resolve Family Law Conflicts

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5 ways mediated divorces are different from litigated divorces

On Behalf of | Aug 12, 2021 | Mediation |

If you are ready to separate and divorce your spouse and both of you are willing to work together toward a reasonable settlement, then you may want to consider mediation. When you choose mediation instead of litigation, you can keep your divorce, for the most part, completely out of the courtroom.

Litigation requires you to build a case against your spouse, and you both argue for what you want. The main different with mediation is that you will work together for a better outcome. Here are five additional ways mediation is different than litigation.

  1. Mediation is calmer than litigating

One way that mediation is different is because it is calmer than litigating. Litigation requires you to go to court, which is a formal affair. Mediation is less formal, so you can be more relaxed.

  1. Mediation is about having a conversation, not a fight

Mediation is not about having two people come to a session to argue. The mediator’s goal is to have you both talk through any disagreements and to have a productive conversation about what you can both agree on as a reasonable settlement of your marital affairs.

  1. Mediation doesn’t have a judge

Mediation doesn’t have a judge. Of course, a past judge may go on to work as a mediator, but the way mediation works doesn’t allow the mediator to make decisions for you. Even the decisions that you do come up with are nonbinding until you and your spouse sign binding paperwork.

  1. Mediation is constructive, not destructive

Your marriage may be ending, but that doesn’t mean that you won’t be in each other’s lives. If you have children or have other reasons that your lives will overlap, you’ll want to be able to be civil, or even better yet, get along. Mediation focuses on constructive conversations instead of destructive arguments.

  1. Mediators aren’t biased

Finally, remember that mediators aren’t biased toward one person or the other. Their goal is to give you both information, so that you can make informed decisions for an outcome that works well for you.

These are five differences between mediation and litigation. If you don’t want to fight, the mediation may be a good choice for your divorce.