Divorce can either be settled through
mediation or litigation.
When possible, it's in both parties' best interest to try to resolve
their divorce through mediation. Mediation gives the parties control to
negotiate the terms of their divorce and resolve issues such as property
division, child custody, child support, and alimony without intervention
from the court. Furthermore, the process of mediation is much less stressful,
time-consuming, and expensive than litigation, and is very helpful in
fostering communication. During mediation, the parties come together with
a neutral mediator whose job it is to help the parties work through conflict,
facilitate negotiations, and reach a settlement based on the parties'
There are times when a divorce needs to be battled out in court, and this
situation is referred to as litigation. Litigation is necessary for those
cases in which the parties cannot seem to agree on any aspect of their
divorce, and therefore are not able to settle the divorce through mediation
or alternative dispute resolution. Because litigated divorce cases take
place in court, they often take a lot longer to settle and finalize than
those divorces resolved through mediation. And because it tends to take
longer to resolve a divorce in court, the cost of litigation is often
much higher than the cost of mediation. Furthermore, contested divorces
tend to be more emotionally taxing, stressful, and difficult on everyone
involved, especially children.
With all that said, both mediation and litigation are effective ways to
settle a divorce. If you are interested in learning more about either
one of these forums,
Claery & Hammond,
LLP would be happy to meet with you to discuss your case and determine what
your legal objectives entail. To schedule an appointment,
contact Claery & Hammond, LLP today.