Mediation vs. Litigation: Choosing the Best Path for Your Divorce

 Posted on May 03, 2023 in Mediation

When you are going through a divorce, the best case scenario is an amicable split in which both parties can work together and reach a mutually beneficial agreement. However, this is not always possible. As you consider your options, consider the following information about divorce litigation and mediation.

Litigation vs. Mediation 

Irrespective of which path you choose, you and your spouse will face the same core issues: child support, alimony, allocation of parental responsibilities, parenting time, and asset division. The approach and process differ depending on the option you choose.

During the a divorce trial, both parties are on opposing sides. Each has a lawyer who presents their case and supporting evidence to convince the judge to rule in their favor. The ruling is left to the judge, which is final unless it is appealed. It should be noted that few divorce cases make it to trial. In most cases, the parties are able to reach a settlement during the litigation process. However, it is important to be prepared for this possibility.

In contrast, mediation encourages couples to discuss their issues and compromise if it is in their collective best interests. The process is based on mutual respect and understanding and offers both parties more control over final outcomes. Plus, they can be as flexible as possible regarding potential solutions. The mediator does not advocate for the spouses. They just bring issues to the couple’s attention which they need to address and base their decisions on.

Which One Should You Choose?

Compared to complex litigation proceedings, mediation is considered less time-consuming and affordable. Additionally, since the matter remains out of court, the involved parties can maintain their privacy and resolve their issues without getting combative. Since both participate in the decision-making process, they are more likely to be satisfied with the agreements and outcomes.

Litigation divorces are usually contentious – both parties try to out-maneuver the other so they can win, which can increase costs considerably. The process is also more time intensive, and both parties lose their privacy as they are exposed in court. The procedure can also be lengthy since you have to wait for the court to reach a decision based on their timeline and availability. The process is usually combative, which can affect children and family life.

Mediation can prevent negative experiences, which can otherwise harm your and your family's mental health. It is best that you avoid court since the judge will have little background knowledge regarding your family to come to a decision that can protect your best interests. However, mediation may be impractical if one or both spouses are unable to work cooperatively and compromise.

Contact a Skilled Mediation Divorce Attorney in DuPage County 

 Contact a skilled DuPage County divorce attorney from Andrew Cores Family Law Group. Our team consists of certified mediators and skilled lawyers. Set up a meeting today by dialing 630-871-1002.

Source: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ChapterID=59&ActID=2086