Divorce litigation can be high in hostility, drawn out, expensive, emotionally draining and especially damaging to children. Divorce litigation is dealt with in the family courts, where a judge who knows very little about you and your family will decide the outcome.
In divorce mediation, you and your spouse participate in the decision-making process, giving you both control of the outcome.
What Is Divorce Litigation?
In divorce litigation, a judge will make decisions regarding your children, your property, your money and ultimately how you live your life. Another pitfall is that court orders are difficult to enforce which means that even after paying hefty divorce litigation fees you may need to spend even more to get the support you were awarded in a winning case.
What Is Divorce Mediation?
In divorce mediation, you and your spouse choose to meet with a neutral third party, a mediator to end your marriage. In mediation, the goal is for you both to discuss issues including property, custody, maintenance and other financial matters in a manner that prioritizes what is best for you and your children. You have control over how long and how many times you meet.
According to the Harvard Law School Program on Negotiation, several studies have indicated higher compliance with mediated agreements than with court orders. When decisions are made mutually, maintenance and parenting plans are more likely to be followed.
Comparison of Divorce Litigation vs Divorce Mediation
LITIGATED DIVORCE
MEDIATED DIVORCE
Fees: for a contested divorce can cost anywhere from R30,000 to R100,000
Fees: are manageable and in your control, and significantly less than those of a contested divorce.
Custody: a judge, a stranger to you and your family will make decisions regarding your children.
Custody: you both get to decide what’s in the best interests of your children.
Privacy: your personal information goes on the public record, and is available for anyone to view.
Privacy: mediation is a confidential process where decisions are made privately.
Timelines: your divorce will follow the attorney’s and court’s timetable – not yours.
Timelines: it’s up to you and your partner how fast or slow you want to take the mediation. You can come to temporary agreements, try them out, and decide when to make them final.
Compliance: a party may not want to follow a judge’s orders if they feel it was unfair, or against their interest. Enforcing court orders can be expensive and emotionally draining.
Compliance: maintenance, and parenting plans are more likely to be maintained when mutually decided.
Outcome: the outcome will be decided by a judge who knows nothing about you or your family.
Outcome: the outcome will be decided by you, and your spouse. You are in control of your own life.
Is Divorce Mediation Right For You?
Divorce mediation is the most cost-effective and amicable way of ending your marriage. You keep control of your time and resources as you go through the divorce. It is an attractive option for couples seeking a budget-friendly resolution who are eager to move forward with their lives. Most importantly, you prioritize your mental and emotional health and your children’s well-being.
Divorce litigation may be more appropriate in cases involving a significant power imbalance, domestic violence or complex financial disputes. In such instances, litigation may be the only option.
Mediation is a great choice when you decide to end your marriage, especially when you are prioritizing what is best for you and your children.
Visit our page on divorce mediation to learn more about the benefits of mediation
If you have any questions about divorce mediation, reach out to us – we’re here to help.
Parties go to court, for the court to decide because they choose to not solve their own problems —
