Understanding the Key Differences Between Mediation and Litigation

Understanding the Key Differences Between Mediation and Litigation

Pursuing mediation as an alternative to litigation has some advantages for divorcing couples. Here are a few of the most notable differences between mediating and litigating divorces.

Divorce Litigation May Not Leave Room For Communication and Effective Problem-Solving

In divorce hearings, parties communicate with a judge or magistrate through their attorneys instead of addressing each other directly. Mediation facilitates constructive dialogue that promotes compromise.  At the same time that mediators are getting information from clients, they encourage them to hear what one another has to say to reach mutual agreements.

A Lot of the Litigation Process Goes on Outside of Court Hearings

In litigation, parties may make multiple motions and document requests. Mediation does not entail all of the logistical legwork that can result in unnecessary complications and cause people to rack up sizable legal fees.

Mediation Is Typically Faster and Easier Than Divorce Proceedings

Divorcing spouses who are going through traditional channels may have to wait a long time before they are able to finalize everything. All of the motions and procedures involved in the litigation are time consuming.

Many courts always have jam-packed dockets, and getting a hearing date can take months. Mediation could help to make the process of getting a divorce much faster. Contact Out-of-Court Solutions today to learn more about scheduling availability.

About Oliver Ross

Oliver Ross, JD*, PhD founded Out-of-Court Solutions Inc. in 1995 and since then has mediated over 3,000 divorce and family matters. He is a select member of the Maricopa Superior Court Family Mediation roster