Litigation Versus Mediation: Which Divorce Strategy Is Best?

 Posted on July 10, 2020 in Divorce

There is no "one size fits all" way to handle your divorce. In order to appeal to the varying relationships of divorcing couples, there are a couple of ways that you can handle your divorce proceedings. Some couples may have a dark, tumultuous history where their interactions are contentious and purposely limited, while others have simply grown apart over the years and wish to move on from their marriage. The two most common options for those seeking a divorce are litigation and mediation. Before deciding upon their means of a divorce, spouses should consider the quality of their relationship and compare these two popular options.

Sticking to Court

The tried-and-true divorce option that most are familiar with is known as divorce litigation. The term "litigation" means "carrying out a lawsuit," although this does not mean that every divorce will find its way into a courtroom. The reason divorce may be considered a lawsuit is because in many cases, the decision to file for divorce is not mutual. In many cases, one spouse would like to divorce while the other wishes to remain married. Since this becomes an adversarial situation, with one spouse battling the other, the divorce case becomes a little more tricky, requiring litigation and sometimes time spent in court.

Many litigation divorces stay outside of the court and both spouses settle the case without the involvement of a judge. Each spouse will hire his or her own attorney and they will all discuss the terms of their divorce, eventually coming to an agreement. In the instance where neither spouse is willing to compromise, the case will be taken to court and a judge will make the final decisions regarding asset division, spousal maintenance payments, parenting time arrangements, and more. It is best to avoid going to court since the judge will have no background knowledge of your family or your past aside from the short descriptions that you can provide them.

Having a Discussion

Mediation is a form of alternative dispute resolution available to those who wish to divorce. There are a number of benefits that mediation can offer divorcing couples; however, this process requires certain qualities to be effective. Mediation allows you and your spouse to work together and create your own divorce agreement with the help of a single third-party mediator. These mediators are often experienced divorce attorneys who offer this form of alternative dispute resolution at their firm. Unlike litigation, the mediator does not advocate for either party, but rather assists with the legal details and provides information to the divorcing couple about what they may include in their agreement.

Divorce mediation is a valid option for couples who have an amicable relationship and are more than capable of collaborating without their romantic history getting in the way. If you and your spouse are able to work together and are willing to compromise when necessary, mediation may be a better fit. Unlike litigation, mediation places the control of your divorce into the hands of you and your spouse rather than the court. This form of alternative dispute resolution can be a more affordable option since only one legal professional is required. Depending on how quickly you and your spouse can come to an agreement on the terms of your divorce, you may be able to save a significant amount of time as well.

Contact a Geneva, IL Divorce Lawyer

Those considering divorce may think that they only have one option: arguments occurring in front of a judge. Luckily, this is not the case. McSwain Rapp Law, LLC believes that you should be in charge of how your divorce is handled, which is why we offer both litigation and mediation services. Our experienced legal team prides itself on providing quality legal services that are both cost-effective and tailored to your needs. If you are unsure about which type of divorce proceedings you wish to pursue, contact our Kane County divorce attorneys today at 630-581-2877 to schedule your free consultation.

Sources:

https://www.forbes.com/sites/jefflanders/2012/04/24/the-four-divorce-alternatives/#16f2b78120ae

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2489&ChapterID=51