Mediation vs. Litigation

Compair Mediation and LitigationOver the last decade, divorce mediation has become a popular and sought after option for settling the specifics for many divorces. Mediation gathers both parties together (in the presence of a mediator) and allows for open, honest discussion of the issues that need to be negotiated in a divorce settlement in non-judgemental atmosphere. Litigation is the process of settling a divorce by using the legal court system. The litigation process generally involves lawyers and a judge and the decisions are made by the legal officials, not by the couple. As you decide what process meets your unique needs, consider the following facts about the differences in the process.

  1. Litigation generally costs more and takes more time than mediation.
  2. You can never be certain of any outcome during litigation. Because the decision is in the hands of a judge, you have less control over the final decision and once the decision is made it is legally binding.
  3. Many states including Minnesota and Florida encourage the use of mediation before beginning the litigation process.
  4. Mediation encourages the two individuals to come together in the presence of a neutral third party and put all of their opinions, questions and concerns on the table. This discussion is cultivated in a non-judgemental environment where compromise and resolution are possible.
  5. Mediation often gives the opportunity to think outside of the box, so to speak, and find common ground. Litigation often encourages the participants to dig their heels in and engage in additional conflict throughout the process.
  6. Lawyers can be involved in both litigation and mediation. In litigation, they represent their clients and present cases to the judge. In mediation, the lawyers can be present to explain legal implications of decisions and help process paperwork at the conclusion of the process.
  7. Mediation generally reduces the overall conflict of a divorce situation, which benefits both parties as well as any children involved.

AMS Mediation: A Leader in Strong Mediation Services in Minnesota

AMS Mediation provides superior divorce mediation and parenting services in Minnesota that can be of great value during the divorce process. With a focus on conserving financial resources and creating successful parenting partnerships that benefit the parents as well as the children involved. We encourage open communication and seek to empower individuals to achieve a fair, affordable and workable solution during this difficult time. If you are interested in learning more about the mediation process or would like to schedule a free consultation, give us a call at 1-952-252-1492.

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