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Divorce Mediation vs Litigation Explained

Updated: Apr 19, 2022

Don't know the difference between a divorce meditation and divorce litigation? Keeping reading for the answers.

Let's start with simple definitions of mediation and litigation.
Mediation is a process wherein the parties meet with a mutually selected impartial and neutral person who assists them in the negotiation of their differences.
Litigation is a process of resolving disputes through the public court system

OK, so what's the real difference?

When we look at the two definitions above, there are a few key differences that are important to understand.

Resolution in Court vs Out of Court

This is the key difference between mediation and litigation. With litigation, a Judge or Jury decides your fate at the end of a trial. The trial is traditionally managed by separate attorneys hired by each party. Trials can be contentious, public affairs for everyone to witness.

A mediation is very different. Instead of a Judge or Jury, there is an impartial mediator that serves as a middleman. The mediator's role is to walk both parties through the process, and allow them to decide their fate. Mediations are also private. At The 1 Day Divorce, we specialize in remote mediations that allow you to go through the process at home, or anywhere else you choose!

Fighting vs Negotiating

Trials can be nasty and contentious, and usually leave scars that will last a lifetime. Attorneys are hired to represent your case to the best of their ability. In Family Law, this many times will lead to disparaging and attacking someone's character. With kids witnessing, this public assault can permanently damage relationships.

Mediation is built on a foundation of collaboration. Both parties need to work together to formulate a solution that fits their needs. In most cases, this can help preserve long term relationships and let both spouses walk away with "wins."

Standard Orders vs Customized Solutions

In trial, the only tool a Judge has is a sledgehammer. In mediation, the parties can use a chisel.

The above analogy is intended to highlight the difference in outcomes from either a mediation or litigation. During a trial, Judges are relatively limited in the specificity of the outcome. Judges can see hundreds of cases a year, and potentially dozens in a day. They simply do not have the time and resources available to craft a perfectly tailored solution for both parties.

Mediation does not have this problem. Because mediation is negotiated directly by the two parties out of court, there is an endless number of solutions available. The only real limit to a mediated settlement is the creativity of the parties, and their willingness to cooperate.

The Cost: Both in Time and Money

Did you know that the average divorce trial takes more than a year?

Did you know that the average divorce trial can cost couples more than $40k?

Divorces are long and expensive; mediations are neither.

At The 1 Day Divorce, we specialize in getting couples through the divorce process as quickly as possible. Yes, that means in as little as 1 Day! With a process so quick, couples can save most of that $40,000 spent on attorneys, discovery, and trial. In most cases, our clients never even have to hire an attorney!


Final Thoughts

The primary differences between trial and mediation is where the process takes place, who makes the final decisions, and how much you will spend in time and money. A trial is a long, expensive, and public process that is ultimately decided by a Judge or Jury. A mediation is a negotiated settlement that can be significantly faster, cheaper, and more customized.

Have questions? Schedule your consultation today!


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