The two most common ways of resolving the dispute with your spouse, former spouse or the other parent to your children, are by either mediation or litigation. Each method has its own inherent positives and negatives, and it’s always best that you make the choice that’s best for you and your family.
Divorce Through Mediation
In mediation, the parties, with the help of a trained mediator, negotiate directly with each other to reach an agreement on all aspects of their divorce. Couples negotiate and resolve issues such as the division of property, parenting arrangements, child support and spousal support.
Collaborative Divorce differs from litigation in court because it promotes respect among the parties and keeps the parties in control of the process, not a judge. The parties sign a written agreement not to go to court and work with a team of collaboratively trained lawyers, coaches, child specialists and financial professionals to come to a settlement that both parties can live with. Although Collaborative Divorce involves a team approach, this model is usually more time and cost effective than litigation.
Divorce Through Litigation
If resolving your issues through mediation is not a possibility, litigation may be your only alternative. Going through the litigation process means giving up control over the outcome of your case, which you would otherwise have in a mediation, by allowing a judge to make decisions for you. In litigation, the judge will decide how your property should be divided, how much child and/or spousal support will be paid and by whom, as well as how you and your spouse will share the time and responsibility of raising your children.