Divorce Mediation vs. Litigation

Finalizing a divorce can be a lengthy, contentious and expensive process. But if you and your soon-to-be-ex spouse can communicate in an amicable and respectful manner throughout the proceedings, then the both of you can benefit from using mediation as a means to resolve your issues instead of court litigation.

During the mediation process, both parties meet with a professional mediator to work together on finding a mutual agreement regarding property and assets, child custody, alimony, and other factors involved in divorce. As soon as the agreement is made, it becomes a legally binding document.

The six benefits of divorce mediation, as opposed to court litigation, include the following:

  1. Mediation saves money. The overall cost of mediation is much less compared to litigation. Taking your case to court requires a large amount of money to pay for attorney fees, conversations between attorneys, discovery, trials, and even delays. On the other hand, mediation consists of meeting fees, review by consulting lawyer, and paperwork preparation, saving you tens of thousands of dollars.
  2. Mediation saves time. The fastest way to resolve a divorce is mediation, requiring only a few sessions with the mediator to determine a mutual agreement. In court litigation, both parties must engage in various steps (mentioned above) and the judge must be available, which can take months or even years to complete. Remember, more time results in more money.
  3. Mediation protects the children. During the mediation process, the only time the kids are involved is when each parent is representing their best interests during the sessions. If custody is contested, however, the court will more than likely appoint an attorney to represent your children and undergo rigorous, intrusive evaluations.
  4. Mediation gives both parties control of the outcome. In mediation, the outcome will only be determined by you and your spouse. In litigation, a judge will decide your outcome, which can result in a winner and a loser once the agreement is finalized.
  5. Mediation keeps your divorce private. It is a confidential process where decisions are made in a private conference room. However, your personal financial information is considered public record in litigation, with the details of your case available online.
  6. Mediation is a respectful process. If you and your spouse can work out your differences during mediation, then both parties may be able to work together after divorce, especially when children are involved.

If you are interested in filing for divorce in Kentucky, contact Louisville divorce attorney Winner Law Group, LLC today to discuss your case.