A divorce is the legal termination of a marriage which severs the relationship between two parties and determines the division of debts…
Litigation vs. Mediation
When a divorce is first pursued, there are two avenues that may be sought. Both may find a resolution, of course, but they are both quite different in proceeding and operation. They are both, in fact, also different in a variety of other ways. At Graham Law Firm, our team wants to ensure you choose the process that suits you and your situation best. So, between litigation and mediation, which will you choose?
The Difference Between Choosing Litigation and Mediation
The simplest difference is a quite simple one. Litigation, to pursue legal action, relies on a court process, an attorney for each party, and public record. Mediation, however, utilizes a single, neutral-party attorney, no courts, and is a confidential process.
In essence these could be considered adversarial versus amicable, though that is certainly putting things in a more cut and dry phrasing than is always accurate. Still, it’s a fair enough place to start. But in order to know where your needs will be met best, let’s have a look at where mediation and litigation can be used best.
When to Choose Mediation
In absolutely all honesty, it’s best to choose mediation any time that both parties can agree on doing so. Mediation holds a vast many advantages over litigation in almost all circumstances, provided the divorce is not an overtly hostile one, and even then mediation is urged. Why? There are, in fact, many compelling reasons:
- Mediation is Less Costly – Mediation can most often resolve a divorce for a scant fraction of the cost of a litigation process, most often even a fifth or less.
- Mediation Tends to be Considerably Faster – Mediation only takes as long as the parties need. It can take a while, if the time is needed, but more often a mediated divorce will take very little time.
- Mediation is a More Versatile Solution – Setting terms, deciding on assets, making choices about children, and all similar matters are resolved in agreement and in a way that benefits all parties best.
- Mediation is Private – All details are kept confidential during the mediation process, and is not part of public record.
- Mediation is Far Less Taxing – Even in the best spirit and terms, divorce is a very draining process. Mediation is the most fulfilling, and least stressful of your options by far.
When You Would Choose Litigation
Litigation in divorce is an unfortunate course of action, but it is certainly a needed one at times. Litigation is chosen when parties simply cannot agree, or if the divorce itself is disputed. It is also chosen when the divorce is stormy, or terms cannot be peaceably made, or indeed, if one of the parties involved is missing or has absconded.
Litigation and Mediation Services with Graham Law Firm
When you need assistance with your litigation or mediation, you can rely on the experienced attorneys at Graham Law Firm. We carry extensive knowledge of both actions, and can ensure you get the best solutions in order to resolve your divorce painlessly.
Contact us online today to schedule a consultation, or to learn more about our legal services, feel free to reach us over the phone at (703) 687-6817.