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Differences Between Mediation and Litigation in Family Law Disputes


When it comes to family law, there are disputes that come up that has to be resolved through legal channels. And when you are facing a difficulty such as this, two main options you can consider are litigation and mediation. In this article, we will go through these methods to have a better understanding of how you can navigate family law disputes.

If you are facing

An issue that needs to be resolved through legal channels, you can look into the services offered by the Brendan Rothschild Legal Group. When selecting lawyers, it is important to carry out sufficient research and select a lawyer that has experience in the specific area of law you need help with and to understand their approach when it comes to similar cases. When it comes to mediation, this is more or less a collaborative process where the mediator who is a neutral third party will help the disputing parties to reach a resolution that is mutually acceptable. Litigation is a formal legal proceeding that is conducted in court and in comparison, mediation is more informal and will take place in a flexible setting. This is a process that will encourage the parties involved to communicate with each other openly and to actively participate in coming up with a solution that suits everyone.

The focus on preserving relationships

Can be considered one of the main differences between mediation and litigation. In mediation, the process focuses on understanding and corporation between the parties involved and this allows them to maintain amicable relationships. This can have a positive effect on families as this can be quite a complex case especially when children are involved. Mediation will encourage the parties to talk to one another and come to a compromise. But in litigation, the conflict can be exacerbated because this is a something that involves adversarial proceedings. And each party will advocate for their own interests in litigation and this can sometimes happen at the expense of the other party. There is also greater confidentiality offered compared to litigation. This is because the courtroom proceedings are a matter of public record. But mediation sessions are confidential which can encourage the parties involved to discuss sensitive issues without any judgement. Therefore, a more honest and productive communication can be facilitated with mediation.

There is greater control and autonomy for the parties

When it comes to mediation as they will be actively involved in negotiating the agreement terms. The parties can explore creative solutions that they may not able to achieve in a courtroom setting and this can contribute to more flexible agreements that are tailored to the parties. The authority to make decisions will rest with the judge when it comes to litigation and they will apply legal precedents and principles to determine the outcome of the case. There is a difference in cost when it comes to these processes as well. Mediation tends to be more cost-effective as these are less formal and have shorter sessions compared to the courtroom proceedings.

Keira Gilmore
the authorKeira Gilmore