There is no one size fits all solution to divorce and custody disputes. Depending on your individual facts and circumstances, either mediation or litigation or even a combination of both may be appropriate. Fully understanding your choices is the key to making the right decision for your dispute. Here are some factors to consider:
You Will Prefer to Litigate If:
You want a judge to decide based on the law.
In court, you will have the opportunity to present your position to a judge who knows the law and can apply it.
You worry your issues are too complicated or you and your spouse are too far apart to negotiate
Litigation is intended to resolve disputes that can’t be settled otherwise. Extensive discovery and legal arguments provide the information the judge needs to decide the matter.
You don’t trust your spouse and want the formality of the court process
Litigation is a formal and public process where the judge and attorneys will ensure each party provides all relevant information.
If you feel you need to litigate, our approach is to encourage settlement first, then litigate aggressively as needed to resolve any remaining issues. Contact us to learn how we can help you.
You will prefer to mediate if:
You are the type who needs to steer your own boat.
Mediation empowers the parties to come to their own mutually agreeable solution without a judge.
You set the litigation process as costly, time-consuming and unreliable.
During mediation, you and your partner will make decisions based upon full disclosure and a thorough understanding of the issues and your interests. Typically, this is a quicker, more cooperative process than litigation.
You desire the confidentiality of a closed-door process.
Mediation is conducted with only the parties in the dispute and the mediator’s involvement and all discussions are completely confidential.
If you wish to mediate, we can help you and your partner discuss your needs, identify the important issues and help you decide on creative solutions that support you and your family.