Most people imagine divorce as an adversarial and confrontational experience. But many of them work out cooperatively on their divorce. It is because divorce has options. It is essential to understand and determine which one works better for the circumstances. If you are weighing the benefits of divorce mediation vs. attorney, we will mention how each method works better, given the facts of your case.
Divorce mitigation vs litigation
Mitigation is a flexible and confidential process. In this process, a neutral party or mediator guides both the spouses towards cooperative and a mutually acceptable agreement. Unlike other alternatives, the process is nonbinding and voluntary. Mediation usually takes place privately in an office rather than in a court. The main goal is to come up with a settlement that will cover your essential divorce issues–child custody, spousal support, and division of property–approval needed from the court.
On the other hand, the hearings are performed in courts where the parties need to present evidence to the judge in the litigation process. The main goal is to convince the judge that your arguments are legit in order to obtain a ruling in favor.
Advantages of Mitigation
The mediation process is appropriate for those who respectfully disagree and can work out the divorce constructively together.
Since both parties do not have to go through the trial process, many expenses are saved. You can still split the cost with your spouse when you hire an expert.
The work is cooperative, which causes less emotion and turmoil than litigation in court.
Control over the outcome
You can decide the terms you need to accept, and you do not risk an adverse ruling by the court.
The mediation process takes place in a private room, and the matters are kept confidential rather than litigation performed in front of the public.
You have the option to work on your schedule. You will not be held back by the court calendar.
Even if you do not reach an agreeable settlement, you can opt for partial settlement and litigate the other issues.
Advantages of litigation
Mediation is not helpful for all divorces. If there is a history of domestic violence or distrust, a cooperative process will not work.
Some parties abuse the divorce process to punish the other side. Judges will cite the parties if any improper tactics are used.
Litigation discloses financial records. So if you think your spouse is hiding assets, you can easily find out. You can also demand income records, employment, and other facts about the proceedings.