Divorce marks a significant change in one’s personal life. However, the time it takes to legally end a marriage can vary greatly depending on the chosen method. Two common approaches are mediation and litigation.
What is the difference between mediation and litigation?
Mediation is a form of alternative dispute resolution (ADR). It aims to help couples settle their issues without lengthy court battles. The process typically occurs in an informal setting and does not require court filing to begin. A neutral mediator facilitates negotiations and works towards compromise but does not decide the outcome. Instead, the mediator works with the parties to develop the agreement.
Litigation occurs when spouses cannot resolve issues and seek a court’s decision. This process involves specific legal procedures, steps, and deadlines. A litigated divorce often concludes after a trial and may take a year or more to finalize.
Which option is faster?
Mediation is often quicker than litigation. The duration depends on the complexity of the divorce and the number of issues the parties need to resolve during the process. Common issues that those going through divorce should prepare to navigate include child custody and the division of marital assets.
Litigation typically takes longer due to court procedures. Many parties who opt for litigation choose to move forward with a settlement instead of moving forward with a trial. Although this can result in a quicker resolution compared to going all the way through the trial, it is generally longer compared to mediation. One reason for this is the fact that the parties are often held up by the court’s schedule. They need to rely on the court’s calendar, not just their own, to move the process through each step.
Is there anything else I should know when making my decision to use mediation or litigation for my divorce?
Efficiency is just one benefit of mediation. Additional benefits can include:
- Cost-effectiveness: Mediation generally costs less than litigation due to the efficient nature of the process.
- Personalized solutions: Parties make decisions, not a judge, leading to outcomes each party can tailor to their specific situation.
- Emotional ease: Since the process focuses on reaching an amicable resolution it is often less stressful and confrontational than litigation.
Mediation often provides a faster, more cost-effective, and emotionally easier path to divorce than litigation. While the exact duration of mediation varies, it typically concludes more quickly than litigated divorces, which are bound by court schedules and legal complexities. Those seeking a swift and amicable resolution may find mediation a preferable option. It is important to note that those who choose this option do not need to go through it on their own. Both parties can seek the counsel of a mediation attorney to advocate for their interests and guide them through the process.