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Mediation vs. Litigation: What’s Best?

Couple sitting on couch having a conversation iwth another person.

Many people may not realize that when going through a divorce, there are multiple approaches. For some, the first thought that comes to mind may be traditional litigation, where each spouse doesn’t agree on any components of the divorce, such as custody or property division. However, this is not the only avenue for separation.

Mediation offers an alternative to divorce based on compromise and communication. The couple will communicate with a third-party mediator with the help of their attorneys, reaching a resolution that satisfies both parties. However, mediation is not always the best option for all couples.

Rozin | Golinder Law can help explain what options may work best for you when going through a divorce.

Mediation As An Option

Mediation has a whole host of benefits, such as less stress, time, and money. However, there are certain circumstances in which mediation is optimal for couples. If you and your partner are on the same page about ending the marriage, you may find it easier to negotiate things like property or child support payments.

Another important component of mediation is open, honest communication. It is vital that you and your spouse can still communicate during the mediation process to reach a true compromise. If you are able to successfully negotiate with your spouse with the assistance of attorneys and mediators, this process may be a good option for you.

Why Go With Litigation

While being able to negotiate and have more control over aspects of divorce is beneficial, it is not always the best option for couples. For example, if one spouse is willing to attend mediation sessions, but the other refuses, this process cannot occur. It may be most beneficial for the spouses to proceed with litigation techniques.

As mentioned previously, a key component of mediation is the ability to communicate. So if one spouse is not willing to be honest about the elements of divorce, such as assets, custody, or support payments, then mediation cannot work as intended. Litigation can offer a more hard and fast approach to assist with spouses who are unwilling to communicate honestly.

In some situations, litigation is simply the safer option. For example, in cases where a spouse has been toxic or violent, negotiation should not occur. Attorneys can take the reins in these situations, providing necessary support and guidance to their clients.

Rozin | Golinder Law Is Here To Help

Figuring out the best course of action for your divorce can be difficult. However, this is not something you do alone. Our team at Rozin | Golinder Law can review all of the details of your case and help you determine if mediation is a plausible option. If not, know that we are ready to take any necessary issues to court.


To schedule a consultation with one of our attorneys, call us at (732) 810-0034 or visit us online.

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