Divorce Mediation & Litigation: Flexible vs. Cookie-Cutter Solutions

divorce-mediationDivorce is a difficult time to endure. It can be a confusing and emotionally draining journey to trudge through, not just for you and your ex but for the entire family. If you’re struggling to decide between going through divorce mediation or litigation, we completely understand your confusion – but the answer isn’t as difficult as you think.

Discover the flexible solutions offered by divorce mediation versus litigation, and consult an Orange County divorce attorney if you and your spouse are ready and willing.


Defining Divorce Mediation & Litigation

Divorce mediation is a process by which you and your spouse can work out a finalized divorce settlement without the need for litigation. It’s often more cost-effective than going through litigation, but it isn’t promised. Mediation can also be less stressful for you and your spouse since settlements are made outside of court and in a more timely fashion than incessant litigation. 

However, this is not always the case. Many divorces are simply too conflictual to settle through mediation, so ensure that you’re on the same page with your spouse before opting for divorce mediation.


Mediation Offers Flexible Solutions

When deciding between the two, there are a handful of factors to take into account. But most importantly, consider the methods by which mediation and litigation reach solutions. The simplest way to compare the two is by associating litigation with a courtroom and a judge, while divorce mediation reaches settlements outside of court and without a judge’s verdict.

This means that every aspect of your divorce – parenting agreements, visitation schedules, and more – is decided by you and your spouse rather than a family judge. And if you can’t agree on certain portions of your divorce, either your mediator will encourage productive discussions, or you can litigate those unresolved matters. In short, the flexible solutions offered by mediation provide invaluable control over crucial family decisions, rather than leaving it to a judge who knows nothing about your family dynamic.


Every Case is Different

Perhaps the most notable difference between these two pathways is the way settlements are established. If you’re battling out your divorce in the courtroom, a judge will get the final say and likely give you a cookie-cutter verdict. There’s no room for collaboration or negotiation – you get what you get.

Divorce mediation, on the other hand, is characterized by custom-tailored solutions. No case is the same, after all, since every couple or family has its own dynamic. At the Law Offices of Jennifer Owens, we sit down with partners and design parenting plans, custody agreements, visitation schedules, and more in a collaborative environment. While litigation offers cookie-cutter solutions, the world is your oyster with divorce mediation.


Mediate Your Divorce with an Orange County Divorce Attorney

At the Law Offices of Jennifer Owens, we revel in the power of choice. When spouses face divorce, they’re presented with a slew of decisions with a handful of potential outcomes. Our attorneys are believers in the best possible outcome, where a former couple chooses peace over destruction so that they can finally move on to their next chapter. No matter your desired path – mediation, a negotiated settlement, or even litigation – The Law Offices of Jennifer Owens will help you achieve the best possible outcome by reaching a settlement that keeps all involved parties in mind. Visit our website to review our family law services, or contact us online for a free consultation

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