Divorce Mediation Vs Litigation: Which Is Right For You?
Regardless of the circumstances that caused your breakup, deciding to file for divorce is not simple. Divorce may be expensive and contentious, especially when one or both spouses opt to engage attorneys, which only makes matters more challenging.
It’s frequently less expensive and less contentious to hire a mediator to help you and your husband negotiate your divorce than to hire an attorney to represent you in court. However, there are other factors to consider when determining how to divorce. Here is some information to assist you in determining whether using a mediator for your divorce may be preferable rather than having to hire a lawyer.
The long-held belief that 50 percent of married couples end up divorcing has waned recently. However, it continues to impact many relationships and raises several difficult issues.
It is best to consult a reliable divorce mediation consultation firm like The Divorce Company to help you decide what to do next.
Even though breaking up with someone is never simple, this guide can help you as you weigh the advantages and disadvantages of litigation and mediation.
Why Choose Divorce Mediation?
How is divorce mediation a possibility? Do you receive an acceptable result? You do in some situations. Here are a few scenarios where mediation can be your best option.
You Aspire To Keep Friendly Ties
Sometimes in litigation, one party may get their way while the other is forced to make difficult concessions. This may put a strain on the marriage, making it very challenging to maintain amity between ex-spouses.
Trained and reliable mediators can substantially affect your relationship with your spouse.
Also read: Tips To Prepare For Divorce Mediation In Edmonton
Here, mediation frequently provides a win-win scenario where the interests of both parties are equally served. This may make things simpler for the parties and their kids (if any).
A Problem With Money
When lawyers and a court are involved, divorces can be costly. Mediation can help you save a lot of money if you don’t need to hire a lawyer and can resolve the issue amicably.
Time Restrictions
Divorce mediation is more likely to result in an immediate decision if that’s what you want. This is not to argue that litigation always lasts longer, but hearings could be delayed as courts are notoriously unpredictable.
You’re Departing On Good Terms
Even though you may not want to stay married, divorce mediation will work for you if you still have some level of faith in your spouse and can count on them to treat you fairly and reasonably.
When To Consider Litigation
In some situations, mediation can be the best option, but in others, hiring legal counsel is essential. Here are a few scenarios where going to court is preferable, and litigation cannot be avoided.
A Partner Who Misbehaves
You should file a lawsuit if you’ve experienced domestic violence or if your partner has mistreated you or your kids. The best course of action is to hire a lawyer if your partner has a criminal record or if you have cause to suspect that you or your children are in danger.
Obtaining child custody or, in more extreme circumstances, getting a restraining order against your partner are more important issues that call for more forceful action.
A Disobedient Spouse
It is no longer an option if your partner won’t try mediation. In that instance, you must employ an experienced divorce lawyer to protect your interests as best they can.
Extreme Untrust
You and your partner should sincerely approach mediation. A certain amount of trust is necessary for good faith. Litigation is by far the better choice if you don’t trust your spouse and think they’ll use the situation for their gain.
You’re Presently The Victim Of Domestic Abuse, Or You Fear Your Spouse
Don’t try to handle this matter on your own; instead, ask a lawyer or legal aid for assistance. An already bad relationship could become worse if you leave an abusive partner. Mediators cannot assist you in the process of getting a temporary protection order entered by the court, which may be necessary.
Your Marriage Has A History Of Domestic Violence
Couples must spend time in a room together during mediation to negotiate and resolve significant marital problems. When there has been violence in the marriage, it may be difficult for the partners to speak openly and cooperatively. Consider getting Legal representation if the abuse happened in the past and you wish to try mediation.
About The Divorce Company
The Divorce Company is your best option if you want to meet with an experienced specialist to discuss your options and get a quick review of your case. Countless Edmonton couples have experienced a stress-free divorce as a result of our legal team’s experience. Using the information you provide, our divorce mediation experts will assist with heightened risks. Learn more about The Divorce Company.
Are you going through a divorce or separation? Contact us now for legal representation and divorce mediation services.
