Divorce is often viewed as a tumultuous process, but this is not always the case. In fact, some couples still value their bond and prefer to end things peacefully. Others recognize that fighting increases the financial and emotional costs for everyone involved. In these situations, parties may opt to pursue alternative dispute resolution over a litigated divorce. However, this path may not be right for every couple, and litigation may be the only way to successfully finalize a divorce.
Mediation or Litigation?
If you are considering using mediation during your divorce, it is important to know that victims of any form of abuse (mental, physical, or financial) are generally encouraged to lean towards litigation instead, as it tends to offer greater protection throughout the divorce process. Litigation is also preferred when there is suspicion of hidden assets. However, contention or disputes between the parties do not mean that a couple cannot pursue alternative dispute resolution; if anything, this particular divorce path may offer some benefits for couples, as long as both parties are at willing to bring their concerns and disagreements to the table in a civil manner. Both parties are encouraged to work together and reach a compromise on sensitive matters, like the division of assets and the creation of a parenting plan. The goal is to make sure that each party walks away with at least some of what they want and a fair portion of what they deserve.
Points to Consider When Determining Whether Mediation Is the Right Solution for Your Divorce
You should ask yourself the following questions when trying to determine which path is best for you:...