Mediation Fundamentals: What To Know
When you're facing a potential divorce, one of the decisions that you need to make is if you'll settle the case through mediation or litigation. It's important that you carefully consider your options and choose the path that best fits your goals, your relationship, and your priorities. Here's a look at some of the things that you need to understand as you make the decision.
The Basics of Mediation
Divorce mediation provides a collaborative avenue for reaching a settlement agreement. It's a voluntary process of negotiation guided by a neutral third party. Your mediator will guide the discussion, facilitation collaboration, and guide you to reach mutual agreements on every aspect of the settlement. Choosing mediation protects your privacy because the records remain private compared to the records of litigation, which are made public. It also gives you greater control over the outcome of your decision-making.
An Overview Of Litigation
If you choose litigation instead, there are a few things to expect. Not only does litigation take longer and require a commitment to appear in court, but it also takes complete control of the settlement out of your hands. You'll be left to the findings of the judge who will issue the final ruling.
The Choice for Settlement
Understanding the difference between litigation and mediation helps you determine which one is the best fit for your situation. Consider your needs, including the emotional upheaval of litigation as well as the time investment. When you want a more peaceful, timely settlement, you should consider mediation as your resolution.
For example, if you and your spouse are unable to communicate openly together, that makes mediation more challenging. However, when the two of you have the ability to reach a mutual agreement, you can settle your case sooner than if you're left waiting for the court calendar for an appearance.
The Importance of Representation
Whether you choose litigation or mediation, it's in your best interest to reach out to an attorney for support. Your attorney can appear at your mediation as well as represent you in court, and they have your best interests in mind.
Understanding the difference between litigation and mediation can help you determine which avenue is the right one for your divorce. Consider mediation when possible to save you time, money, and stress from the litigation process. Your attorney can guide you through the process so that you understand which one is the best fit for your financial and emotional position.
For more information, contact a local divorce lawyer.