Mediation Vs. Litigation: Choosing The Right Divorce Path

Overviewing Mediation And Litigation

The primary differences between mediation and litigation in divorce center around the approach to reaching an agreement and the level of court involvement. To get divorced in California, the court requires two things: a six-month waiting period and a judge’s signature. The process can be resolved either by reaching an agreement and submitting it to the court or by going to trial.

Mediation and litigation both start with trying to reach an agreement. In mediation, you’ll likely work together with the other party, often with a neutral mediator, to resolve your issues without going to court. Mediation is typically quicker, less expensive, and allows the parties to retain more control over the outcome, including decisions about custody, property division, and financial matters. It’s ideal for couples who aren’t in major conflict and can communicate effectively.

Litigation, on the other hand, involves each party hiring their own attorneys to represent them in court. It tends to be more adversarial, time-consuming, and costly, with trial dates often taking over a year to be scheduled. The court then makes decisions for the couple, which can feel more rigid and less personalized to their specific needs. Even in litigation, the goal is often to reach a settlement before trial, and many cases will end up in mediation before going to court.

Ultimately, mediation is encouraged to avoid the lengthy and expensive process of litigation, but even when litigation starts, the hope is to settle before going to trial. The more collaborative you can make the process, the faster and less costly the divorce will end up being.

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