When facing a legal dispute, such as a divorce, you might wonder whether to go to court and let a judge decide or to try to work things out through mediation.
Below, our friends from New Beginnings Family Law discuss the differences between mediation and litigation.
Understanding the difference between these two processes can empower you to make informed choices that preserve your peace of mind, financial resources, and family relationships. Each method has its pros and cons, but one gives you significantly more control over the outcome.
What Is Litigation?
Litigation is the traditional legal process most people think of when they imagine resolving disputes. It begins with filing a lawsuit and ends with a trial before a judge, who makes the final decision. This process is formal and governed by strict legal procedures, including motions, discovery, depositions, and hearings. While sometimes necessary—especially in high-conflict or unsafe situations—it has several drawbacks, particularly in family law.
- Loss of control: A judge, who doesn’t know you or your family, will make a binding decision based on limited evidence.
- High cost: Legal fees can escalate quickly, especially if the case goes to trial.
- Emotional toll: The adversarial nature of litigation can increase hostility, making co-parenting and communication more difficult.
- Lengthy timeline: Family court dockets are crowded; it can take months or even over a year to resolve a case through trial.
What Is Mediation?
Mediation is a less formal process that brings both parties together, often with the help of a neutral third party, the mediator, to discuss issues and work toward a mutual agreement. It is usually a voluntary and confidential process that encourages collaboration and creative problem-solving. Agreements are only binding if both parties agree to the terms. Mediation can be entered into at any time: before, during, or even after litigation begins. In some jurisdictions, courts may even order parties to attempt mediation before proceeding to trial.
Mediation offers major advantages for many families.
- You stay in control: You decide the outcome, not a judge. This allows for agreements that are uniquely tailored to your family’s needs.
- It’s faster: Mediation can resolve disputes in weeks, rather than months or years, allowing you and your family to move forward sooner with less stress.
- It preserves relationships: Mediation encourages respectful communication, which is crucial for successful co-parenting and long-term family stability.
- It saves money: By avoiding multiple court hearings and motions, mediation can save both parties thousands of dollars in legal fees.
- It’s more private: Unlike public courtroom proceedings, mediation is confidential.
When Litigation May Still Be Necessary
Mediation isn’t appropriate in every case. If there’s a history of domestic violence, substance abuse, or a significant imbalance of power between the parties, litigation may be the safer and more effective route. Additionally, if one party refuses to compromise or negotiate in good faith, mediation may break down, making litigation the only remaining option for resolution.
Do What Is Right For You
Both mediation and litigation are tools to resolve legal disputes, but they differ significantly in tone, cost, and impact. Mediation puts power back in your hands, fosters cooperation, and allows for tailored solutions that courts often can’t provide. Litigation, while sometimes necessary, should generally be viewed as a last resort due to its cost, stress, and lack of flexibility. Before deciding how to proceed, consider your goals, your family’s dynamics, and your readiness to engage in dialogue. A divorce lawyer can provide legal advice and guidance. The right process can make all the difference.