How mediation differs from litigation during divorce

How mediation differs from litigation during divorce

| Dec 28, 2020 | Family Law |

Divorce is a legal process with rules that individuals must follow to end their marriages. However, despite the fact that it often, from the outside, looks very similar from case to cases, individual divorces are unique. Residents of Nevada may have very different priorities and preferences when they choose to end their marriages, and the facts related to their cases can make their proceedings diverse and distinctive.

One way that divorces can be different is through the method of negotiation and settlement the parties take to get to the end of their marriage. Litigation and mediation are both options that work, but not everyone’s divorce may be suited to both options. This post will discuss litigation and mediation in the context of divorce, and all readers are reminded that this post offers no legal counsel.

Traditional litigated divorce

The more familiar form of divorce that individuals may know is the litigated divorce process. Litigated divorces are courtroom divorces, where parties attend hearings with their lawyers and before judges who decide the outcomes of their property, custody, and financial needs. In a litigated divorce, the ultimate decision-making power on divorce-related issues resides in a judge. Litigated divorce is often useful for divorcing couples whose partners cannot work together to resolve their differences.

Mediated divorce

Mediation is a form of alternative dispute resolution. Generally, alternative dispute resolution methods involve participant-driven outcomes, communication, and cooperation. In a mediated Nevada divorce, the parties may choose to work directly with each other and with the support of their lawyers, without a judge involved. The parties may, through their work, make divorce settlements without having to talk to a judge. Their settlements may be entered as orders and carry the same judicial weight as those created in litigated divorces.

Instances where couples fight, carry anger, or deal with domestic violence may not be suited to mediated divorce. To explore one’s divorce options, it can be helpful for prospective divorce clients to work with attorneys who support both their mediation and litigation opportunities.