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Is mediation as good as litigation?

| Feb 25, 2021 | Divorce Mediation |

You have many options for handling your divorce. Two of the most common ones are mediation and litigation. Litigation is when you go to court and let the judge decide the details of your divorce agreement after hearing your arguments. Mediation, on the other hand, is where you work out things together through negotiations and discussions.

Both options have their pros and cons. However, you may wonder if they are equal in the way they resolve things. According to Harvard Law School, you can use an attorney in both situations to assist you through the process and with reaching a suitable divorce agreement. However, the role of the attorney in each situation differs.

The role of the attorney

In mediation, your attorney is more of a guide who can advise you on what to do and how to handle things. He or she also looks out for your legal rights. However, you remain in control and have the final say on things.

In litigation, the lawyer takes control. He or she presents your case and arguments to the court and greatly impacts the outcome. You do not have the final say in litigation. That right remains with the judge.

Higher quality agreement

Because you have more say in mediation, the agreement you reach is much more likely to be something you feel happy with than an agreement that results from litigation. You and your attorney can work more together to develop your talking points and to direct the agreement in the direction you want it to go. You do not have this control in court during litigation.

Many people actually feel mediation is much better than litigation because of the control you have over the situation.