Divorce Mediation or Litigation: On The Fence?

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So it looks like you are going to get divorced. Fear, anxiety, uncertainty is normal. Choosing between divorce mediation and traditional litigation happens to everyone who seeks out legal separation. 

Divorce Mediation:

  • Performed by a professional mediator who:
    • Works with you as a couple helping you address all the topics necessary to be contained in a divorce agreement when going through a divorce
    • Face, minimize and control feelings of fear, anxiety and uncertainty for everyone involved
    • Works to a fair resolution with help as necessary from professionals

Traditional Litigation:

  • Legal system handles your case:
    • A longer, more time consuming, far more expensive process
    • A high level of stress, anxiety, fear of the unknown
    • Each party and their paid experts works individually preparing arguments for the court to consider
    • Most cases are ultimately resolved with the same or similar way as a successful mediation
    • Works best for couples who are not able to face their spouse due to anger or bitterness

Deciding to use mediation as a process for divorce is thought to be a more civilized, less expensive, and healthier way to proceed. However, if you cannot answer yes to these 7 questions, you are probably headed down the litigation path

1.  Have we both agreed to seek a divorce now?

2.  Have we both gotten past the anger phase of the decision to divorce?

3.  Are we both looking for a fair settlement as opposed to a win-lose settlement?

4.  Are we both willing to identify common and individual goals with the Mediator?

5.  Are we both willing to disclose all income, assets and liabilities to one another and not simply the ones we want one another to know about?

6.  Are we both willing to discuss our cash flow reality now and what it may look like in the future?

7.  Do we both trust that each of us is a good parent?

If you can answer yes to these questions, then get started with your divorce mediation now. 


If not see our litigation page 


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