The Difference Between Divorce Mediation vs. Litigation

November 25th, 2024
Posted By
Sarah M. Litowich
Young couple arguing in front of male judge, contemplating divorce
If you are thinking about divorce, it’s important to understand that fighting a lengthy battle in the courtroom isn’t the only way to end your marriage. Depending on the facts of your case, there can be many advantages to divorce mediation vs. litigation. While litigation takes place inside the courtroom before a judge, mediation is an alternative dispute resolution method that keeps the parties out of court — and in control of the outcome of their case.

What is Divorce Litigation?

When determining whether divorce mediation vs. litigation is right for your case, it’s essential to have an understanding of what each process entails. A litigated divorce is one that goes through the formal court process. Typically, divorce is litigated when a couple cannot reach an agreement on their own regarding the matters that must be determined before the final decree can be signed — including property division, child support, spousal support, and child custody. Each party is usually represented by an attorney and a series of court conferences will be held to track the progress of the negotiations between the parties. Courts encourage the spouses to resolve the issues that must be decided between themselves during the litigation process. A settlement can be reached at any time during divorce litigation. However, a judge will decide the outcome of an issue at trial if the parties are unable to reach an agreement.

What is Divorce Mediation?

Mediation can allow a couple to divorce privately, without stepping foot inside a courtroom. Unlike litigation, which is a public and adversarial process, mediation takes place in a neutral environment with a third party called a mediator. The mediator does not take sides, but rather, they guide the parties toward a resolution in the case and give them the tools they need to communicate in a healthy manner. Since the focus is on compromise and collaboration, couples can often reach creative solutions in mediation that would not otherwise be achieved in the courtroom. Importantly, with mediation, the parties are in control of how their case is decided. This can often result in greater satisfaction with the outcome. Once the parties reach a settlement in the mediation process, the written agreement can be submitted to the court for a judge to review. The judge will then enter an order which both parties must follow and issue the final divorce decree.

What are the Pros and Cons of Divorce Mediation vs. Litigation?

When considering whether to pursue divorce mediation vs. litigation, it’s vital to consider the pros and cons of each process. Significantly, even if only a few issues can be resolved in mediation, it is considered successful. Some of the major benefits of using divorce mediation vs. litigation include the following:
  • Efficiency — Since mediation does not rely on the court’s calendar, a couple can often divorce more quickly. Mediation may only take a few sessions, which can be scheduled at the convenience of the parties. Divorce litigation can go on for months or even years, based on the complexity of the case.
  • Privacy — Litigation takes place in an open courtroom, where everything that is said and all the documents submitted become part of the public record. Mediation allows couples to keep the details of their divorce and financial matters private.
  • Cost-effectiveness — Since it is a low-conflict process and can be conducted more quickly than litigation, mediation can keep the costs of a divorce down significantly.
  • Less emotional stress — Mediation is often less emotionally stressful than going to court. It can also help the parties remain amicable, which is crucial for co-parenting.
  • Control over the outcome — Couples who use mediation can tailor their settlements and find solutions that work for their family, rather than let a judge who does not know them decide.
  • Puts children first — Mediation can ensure the best interests of the children come first and foremost by allowing the spouses to develop a custody plan that meets their children’s individual needs.
Notably, mediation may not be right for every divorce case. Although litigation can be costly, time-consuming, and contentious, this structured process may be necessary in high-conflict matters where domestic violence or hidden assets are at issue. While mediation is usually highly effective, both spouses need to be on board and committed to reaching a resolution. Couples who cannot reach an agreement through the mediation process may ultimately need to pursue litigation to resolve their differences.

Contact an Experienced Oregon Child Custody Attorney

If you have questions about whether divorce mediation vs. litigation is right for you, a knowledgeable divorce attorney can assess your case. Based in Salem, Litowich Law offers clients throughout Oregon compassionate counsel for divorce matters, whether the results be achieved through mediation or litigation. We welcome you to contact us to schedule a consultation.
Categories: Divorce, Mediation