What is the Right Option for Your Divorce: Mediation vs. Litigation
There can be a lot of challenges and complexities when it comes to divorce. Emotions can run high as this is an undertaking with a lot on the line for you and your future life. When the challenging issues pop up, it will be best if you have a predetermined plan to resolve these issues with the least amount of frustration and anguish as possible. You basically have tow options when it comes to dispute resolution: mediation or litigation. Each have their own unique advantages to consider. Read on and we’ll help you better understand each option so you can be better prepared to choose between the two options based on your unique situation.
We’ll start with Mediation which is a cooperative approach to resolving divorce disputes by using a neutral third party. A mediator can help both parties work together and come up with agreeable resolutions to tough issues like child custody, alimony and property division to name a few. Mediation is a voluntary approach that gives both both sides the opportunity to express their wishes with the outcome of their divorce. Some of the key advantages of mediation are that is allows you and your spouse control over the key decision rather than having them left to and imposed on you by the divorce court. By having the control of the key decisions, it can lead to a more satisfactory outcome for both sides. Another benefit of mediation is that it often costs less than going through the litigation process. Additionally, it can provide you with quicker resolutions vs. what could be a drawn out divorce court process. There can also be a higer change of an amicable outcome by using mediation which can be a huge benefit especially if children are in the pictures and you will be co-parenting. And last, there is the nice aspect that mediation is a private and confidential process, unlike the public record aspect of divorce court.
A few things to consider about mediation are that it takes both sides willingness to openly and constructively work through the issues. This is where a big challenge can come into play if one of the parties intended to enter mediation with the approach of being workable with a give and take mindset but then ends up being difficult to work with. It can be a really emotional time so it is not uncommon for one or both of the divorcing parties to allow too much emotion in that mediation stalls out and turns into a bad experience. And some of the issues can get fairly complex when it comes to the legal side of certain matters and mediators are not legal experts.
Litigation is the alternative to mediation and uses the courts to settle the main issues of the divorce. Larsen Law Firm a Divorce Lawyer Provo Utah firm, can help you make the decision between mediation and the litigation option and help you along every step of the way.Litigation is the more traditional option for divorce resolution where each side selects a divorce lawyer to represent their interests in divorce court. You will have a judge that presides over your divorce case and who will make the decisions on the issues you can’t agree on based on the arguments presented by both sides. The biggest advantage of litigation is you are represented by a legal expert who like in the case of Larsen Law Firm, has a lot of experience you can benefit from. We can help you navigate the complexities and provide legal guidance. It is also a nice assurance that what the judge rules on is legally binding. Litigation is also a thorough process that helps make sure no stone is unturned when it comes to assets, debts or any other critical information. Keep in mind that litigation can be more expensive and you are leaving decisions up to a judge but it can be the best way to ensure a fair and equitable outcome.
In some situations, using both mediation and litigation may be the best approach. Every situation is unique so you will want to choose the option that bests fits your situation. Contact us for a consultation and we can help you with a great plan and the best approach for resolving your divorce.