You may have heard of the two main options available for divorce. Divorce litigation is the “traditional” way to separate by retaining an attorney to represent you in Court. Mediation involves bringing both spouses together with a neutral mediator to help them come to a mutual decision. Here’s the biggest differences comparing divorce mediation and litigation.

Lawyers & Mediators Have a Different Role

First, it’s important to understand that a lawyer and mediator play different roles. They do share some responsibilities, like drafting legal documents and giving you legal information. However the differ in a few critical ways. First, the lawyer represents you, meaning they’re actively working in your favor and interests. A mediator is neutral – they don’t favor either party more than the other. Their goal is only to help them come to an equitable agreement.

In Litigation the Court Decides. In Mediation You Decide.

When a divorce is litigated, attorneys each make their best case to the Court using evidence and witnesses. However the ultimate decision about your property, home, children, and finances rests with the Judge. In mediation, you retain far more control. Both parties must agree to agreements made in mediation for them to become legally binding.

Orders Made through Mediation Have Higher Compliance Rates

Since mediation allows you to have a role in the decision-making process, agreements made in mediation have far higher compliance rates than those made in Court. That means less emotional stress, less time in Court, and less attorney fees down the road.

Mediation is Far Cheaper Than Litigation

Mediation isn’t just cheaper in the long run – the average litigated divorce costs more than $12,000 per spouse in Wisconsin. This is largely because of the conflict-driven nature of litigation, along with the fact that attorneys charge by the hour. As more motions and counter motions get filed, your bill gets bigger and bigger. Mediation is a set price, with no hourly rates, so you know upfront what you’ll pay. 

Litigation is An Inherently Conflict-Driven Process 

Cost isn’t the only negative result of the conflict inherent to litigation. Long, nasty court fights can cause significant trauma and stress for children and families. It also makes it harder to co-parent effectively in the future. Mediation helps a family prepare for a new setup without the animosity that comes from a litigation fight.

Comparing Divorce Mediation and Litigation: What Do You Think?

There’s one key time when litigation is a better route. Whenever one party is emotionally, physically or mentally abusing the other, you should strongly consider getting legal protection. When you can’t make your own decisions without being potentially influenced or coerced, an attorney can help stand up for you and your legal rights. Comment below if you think we left something important out comparing divorce mediation and litigation.