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Divorce litigation and divorce mediation are two different processes for ending a marriage.
Divorce litigation is the traditional method of ending a marriage through the court system. In this process, both parties hire attorneys to represent them and the case is decided by a judge. The attorneys will present evidence, call witnesses, and argue on behalf of their clients in order to reach a resolution. This process can be time-consuming and costly, and it can also be emotionally difficult for both parties as they may have to air their grievances in a public setting. Additionally, the judge’s decision may not necessarily align with what either party wants or what would be best for their family.
On the other hand, divorce mediation is a voluntary, confidential, and non-adversarial process in which a neutral third-party (a mediator) helps the parties reach a mutually acceptable agreement. Mediation is typically faster, less expensive and less emotionally taxing than litigation. The parties are in control of the process and the outcome, rather than leaving it up to a judge. Mediators do not make decisions but assist the parties in communicating effectively and reaching agreements. Mediation is also a good choice for couples who have children and want to maintain a positive relationship for the benefit of their children.
Both divorce litigation and divorce mediation have their own advantages and disadvantages, and the choice of which process to use will depend on the specific circumstances of the case. In general, mediation is more suitable for couples who are able to communicate effectively and want to maintain a positive relationship, while litigation is more appropriate for couples who are unable to reach agreements on their own and want a judge to make the final decision.
Once a couple meets with a mediator, the mediator will determine a schedule of visits to get through all the points of the divorce agreement and draw up an agreement which will then be taken to a lawyer who represents each person for review. If everything goes well, a divorce can be completed in a matter of weeks. If the couple cannot agree, they may be advised to each find their own attorneys.
It’s worth mentioning that some states require couples to attend mediation before proceeding with litigation. This is designed to encourage couples to try to reach agreements before going to court, and it can save time and money in the long run. Additionally, if a couple is able to reach an agreement through mediation, they can have it legally binding by submitting it to the court. In conclusion, divorce litigation and divorce mediation are two different processes for ending a marriage. Litigation is the traditional method of ending a marriage through the court system, while mediation is a voluntary, confidential, and non-adversarial process that helps parties reach a mutually acceptable agreement. Both have their own advantages and disadvantages, and the choice of which process to use will depend on the specific circumstances of the case. It’s important to consult with a family law attorney or a mediator to understand the best option for each case.