Mediation vs. Litigation: Which Approach is Right for Your Divorce Case?
It is without a doubt that divorce is emotionally draining for the parties involved. The loss of a partner, dreams, and shared future, besides uncertainty, are some reasons for the drain. Unfortunately, the process is inevitable at times, for the sake of peace. Consult qualified family law legal representatives like divorce lawyers in houston to help you with the divorce process.
The divorce attorney can suggest mediation or litigation to solve the case. In mediation, a neutral party helps you and your partner reach an acceptable agreement. The mediator’s role is to help you identify issues in your dispute and facilitate communication. They don’t decide or suggest solutions.
In comparison, litigation entails resolving the case through the court system. You and your partner will hire a lawyer to represent the case before a judge, especially if you fail to settle on an agreement after negotiations. Some factors will determine the approach your legal representative will take, and they include:
The complexity of the legal issues
Mediation is ideal if you only need to resolve child custody, support, and property division. The option will be fast and effective because such legal issues are comparatively less complex. However, tax implications, complex property, and business divisions are involved. In that case, litigation is ideal unless you hire an attorney specializing in collaborative law. Such an attorney can work collaboratively with both parties to solve legal issues.
Cooperation is essential to an attorney’s approach because it’s easier to mediate when the parties cooperate. This is because cooperation allows efficient communication, contributing to identifying issues in your dispute and working towards a favorable solution for both parties. Litigation is necessary if one of you isn’t cooperative, as your lawyer will present the evidence and argue your case before a judge.
Time and cost
Of the two approaches, mediation is fast and cost-effective because it only involves the mediator. The process can also take a few weeks or months to resolve, unlike litigation, which can take a long time. In litigation, you will have to hire other experts such as accountants, child custody evaluators, and appraisers before presenting the case at trial. Therefore, depending on how fast and how much you want to save or spend, you can choose an approach that you feel will benefit you.
The emotional impact of the process on you and your partner will determine the approach to use. This is because the emotional state affects communication and cooperation if you are emotionally distressed. Emotions running high will make a collaborative approach like mediation impossible. Litigation is best for such cases because it provides a structured process to address your grievances.
Divorce cases, which fall under family law, are quite complex, hence the need for specialists such as divorce lawyers in Houston. Such professionals will guide you on the best approach between mediation and litigation, depending on the factors you have read here. Therefore, it will help to use this information to help you settle your divorce case with a favorable outcome and within a desirable time frame.