Differences Between Mediation and Going to Court in a Divorce

Each decision that you make about your divorce can have significant consequences for years to come, but few choices are more important than selecting the forum where you and your spouse will address disagreements over divorce terms. When you evaluate whether to go to trial or seek resolution through mediation, you’re not just planning for the end of your marriage but deciding on how you want to launch the next part of your life.

At a time when you already have a lot on your plate, it’s wise to get some clear guidance on the differences between divorce mediation and litigation. These three considerations are paramount in the minds of many spouses going through a breakup:

• Cost — Along with everything else, divorce triggers a significant change in your financial circumstances. The costs of preparing a case and going to court put both sides under more pressure. Working with an experienced mediator usually means the parties can count on a set fee that is far less than what it takes just to deal with preliminary court matters, let alone a full-blown trial. Regardless of what prompted the breakup, the cost savings of mediation should be on thing on which everyone can agree.
• Timing — Once spouses have agreed to end their marriage, they typically want to get the legal details settled, put their troubles behind them and begin the next phase of their lives. Unfortunately, divorcing spouses must abide by court rules and schedules that are not necessarily geared to promoting the parties’ well-being. Of course, every situation is unique, but after learning about how long mediation typically takes, you and your spouse can determine the timeframe.
• Control — When a divorce case goes to court, the judge is in complete control of the proceedings. Certain information that you think is vitally important might not be considered or even allowed during the proceedings. By contrast, mediation is conducted on your terms along with those of your spouse. Each side’s voice matters and both must approve the outcome before it is converted into a settlement document and submitted to the court for conversion into an order.

Like every marriage, every divorce is different and ultimately you and your spouse determine how your relationship will be wound down. Once you have a true understanding of each option, you’re likely to make a smart decision.

Solutions Divorce Mediation in Dix Hills handles the mediation process for divorcing couples on Long Island and in other New York Locations. Please call 1.631.683.8172 or contact us online to set up a consultation.