Why Divorce Mediation Is Better Than Litigation
The decision on whether one should settle your divorce case through mediation or litigation will depend on individual circumstances of every case. There are many cases when the two parties can sit together and negotiate their settlement details through mediation. However, there are other cases where mediation becomes a futile exercise and the two parties fail to. You can else enter into a deal with the come to any amicable settlement.
Mediation is a cost-effective technique to resolve the differences in a divorce in some circumstances. But there are other circumstances when one of the parties or both of them need to approach a court to get the desired outcomes.
Merits of settling a divorce case
Settlement offers a host of benefits as compared to a divorce lawsuit or a legal dispute. Here are some of them.
Stress
It is possible to reduce stressful situations to some extent by opting for a settlement as compared to going for a trial or litigation. The latter may have unexpected outcomes and both parties may not like to stand on a witness stand in the court and share their private stories with the judge in front of many people. Additionally, they may not like the prospect of being cross-examined by the lawyer for the other party.
Less expensive
When the parties opt for a trial, the process involves experts, attorneys, time, travel, witnesses among others. In case a case can be settled prior to going on a trial, several such expenses are drastically reduced or removed altogether.
More predictable as compared to trial
Any good divorce lawyer will mention that the decision of a jury is not quite predictable. In comparison, you can declare your terms for the divorce settlement agreements. You can also enter into a deal either the other party, which is acceptable to both of you.
Privacy
If you opt for settling your case, many of its details are not included in the court documents. They are not treated as public records; clause god confidentiality is included in several court documents.
Sense of finality prevails
If a couple opts for litigation, the party that lists the case has a right to appeal against the judgment made by a court. Thus, the divorce process may drag on for several months. On the other hand, a settlement is not usually appealed.
When is it better to opt for litigation?
When either both the parties or one of them do not agree to settle or refuses to come to a negotiating table then a lawsuit can become imperative at other times when a plaintiff needs to settle his or her sense of what is wrong and what is right, they may opt for a legal proceeding.
To learn more about the divorce process in California and how mediation can help, please visit our page, What is Divorce Mediation.
Gerald A. Maggio is a trained Orange County divorce mediator who has amicably resolved cases many cases out of court, as well as an experienced divorce and family law attorney. Mr. Maggio founded California Divorce Mediators in 2012 with the belief that although “not every marriage can be saved, every family can” and a mission to save families from the financial and emotional distress associated with traditional divorce litigation. California Divorce Mediators is located in Irvine, California, and serves the Orange County area and other counties in California offering divorce mediation, child custody mediation and mediation of other family law matters.
