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Mediation vs. Litigation in Divorce

mediation vs litigation divorce

Divorce does not always have to be an adversarial process. Mediation is one alternative to litigation that can allow some couples to create a divorce agreement by working together instead of against each other.

If you are considering divorce in the greater Huntsville area, you may want to explore whether mediation could be a workable alternative for your case. A knowledgeable family attorney at Leigh Daniel Family Law can discuss how mediation would work and will be ready to assist you in crafting a divorce agreement that works for you and your family.

If litigation is necessary, our team of skilled attorneys will not hesitate to stand up for you and aggressively protect your interests.

Our firm’s founder has more than a quarter-century of legal experience. Our team of compassionate attorneys and support staff is here to provide quality representation for every client who walks in our door. We can schedule a consultation to discuss mediation or litigation for your divorce as soon as you call us or contact us online.

What Is Divorce Mediation?

In mediation, a neutral third party acts as a mediator and works with the spouses to craft an agreement. Typically, this process works only if both spouses are willing to negotiate the terms. During mediation, both sides will be allowed to communicate their desires and expectations when it comes to child custody and visitation, property division, child support and alimony, and other matters.

A mediator does not decide any contested issues. The mediator simply tries to achieve resolutions. Once all outstanding issues have been resolved, they will draft a divorce settlement. The individuals and their attorneys will review the agreement, sign it, and present it to the judge.

While there is no time limit on mediation, most people can craft an agreement in as little as a few sessions, often saving themselves significant time and money, especially compared to litigating the divorce in court.

If mediation cannot successfully produce a workable divorce decree, litigation may still be necessary.

Divorce Mediation vs. Litigation Divorce

Some people assume that they need a divorce lawyer only when their case is heading toward litigation, but you should still have an attorney for any mediation efforts as well. A lawyer can review the agreement that is created from mediation to ensure that you have not agreed to any terms that could prove to be unfavorable later on.

Mediation will likely be unsuccessful when there are significant differences about certain issues, such as property division, child support, or child custody. When spouses are incapable of agreeing on their own to these types of terms, litigation may be necessary for a court to issue a binding judgment.

In divorce litigation, each spouse will likely have to hire an attorney and go to court to battle for a resolution. While a settlement could be reached at any time during the process, litigation could go all the way to a decision by the judge, who will resolve the matters for the couple after hearing the arguments presented.

Which Divorce Option Is Best for Me?

Deciding on a divorce process will depend on your relationship with your spouse and if the two of you feel that you could compromise and agree on the most critical and often contentious issues. If you think that you can, then mediation might be possible. Mediation is almost always much faster and cheaper than litigation.

If you and your spouse cannot agree, then litigation might be your only option for resolving your divorce. Be sure to hire an attorney as soon as divorce seems likely. Your attorney will advise you on the right course of action that will be best for you and your family.

How Can Leigh Daniel Family Law Help Me With Divorce Mediation or Litigation?

The Huntsville family lawyers at Leigh Daniel Family Law are here to support you during this challenging time. We can help you determine whether mediation or litigation is the right path for your divorce.

Ultimately, our goal is to help make this emotionally taxing process as smooth as possible for you. We can be reached at by phone or online to schedule a confidential consultation.

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