Mediation vs. Litigation | The Pros And Cons Of Taking A Mediated Route

When you find yourself considering divorce or a child custody case, it can seem daunting and very much out of your control.  However, it does not have to be. You have the option of trying to mediate the issues before you find yourself in Court or in the middle of litigation. 

Mediation is a great option to attempt to work with the other side to come to a resolution outside of Court and reduce the expense of the litigation process. During mediation, Moore Law for Children does not represent either side, but assists as a neutral and objective third party to inform both sides of the current law on the issues and assist in the discussion and negotiation of those issues, looking to move your matter forward to partial or complete resolution. 

The benefits of mediation are:

  • Reduced expense.

    One of the most expensive aspects of any legal proceeding is spent on the attorneys for both sides going to court and preparing for court. With court calendars so impacted, especially these days, obtaining a chunk of undivided court time can be difficult. So, cases are frequently continued for further proceedings. More court visits equal more money spent on fees. In mediation, you share the cost of one mediator, usually on a flat fee basis.

  • It is faster.

    Mediation can be resolved in a day or two. Court cases can take months, even years, depending on the issues and court calendar. 

  • Empowers you to control the outcomes.

    Instead of a judge making the most important decisions in your life for you, mediation empowers you to reach these decisions yourself.  

  • Sets the tone of collaboration and cooperation.

    Defining the process with this mindset can be helpful as it may allow both you and the other side to be more receptive to listening to and considering the opinions of one another. Litigation is contentious and puts people on the defensive. Mediation helps refocus on the issues and remove the hostility of the situation.

  • Education and enlightenment.

    Mediation helps educate both sides on the issues the other finds important and the positions they have on them. Oftentimes, in court getting to this point can take some time as everyone is on the defensive. Mediation helps bring the conversation to the forefront and making this the focus to help move things forward in a more productive manner.  

Mediation can be utilized for the entirety of your dissolution matter or it can be a great option for narrowing the issues or creating a parenting plan that works for your family. As a part of the mediation process, Moore Law assists both sides through the legal process and helps draft and file agreements once they have been reached. If you would like to discuss the potential for mediation in your case, please call Moore Law for Children to schedule a consultation to discuss your goals and learn how we can help you through this process.  

 

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