Mediation is a collaborative settlement process, while court litigation puts decisions in a judge’s hands
Divorce mediation and court litigation represent two distinctly different approaches to ending a marriage. Mediation offers a cooperative, less adversarial process where couples work with a neutral mediator to reach mutually beneficial solutions. Going to court involves formal legal proceedings where a judge makes binding decisions about your divorce settlement.
Key differences include:
- Cost and time: Mediation typically costs less and moves faster than court proceedings
- Control over outcomes: Mediation allows couples to maintain decision-making power, while court puts control in the judge’s hands
- Atmosphere: Mediation provides a collaborative environment, whereas court tends to be more confrontational
- Privacy: Mediation sessions remain confidential, but court proceedings become public record
- Flexibility: Mediation allows for creative solutions, while court follows strict legal guidelines