DISTINGUISHING LITIGATION AND MEDIATION

LITIGATION

• Historically, this is the way people go about getting a divorce - each person hires an attorney who argues with the other attorney over every legal issue related to the divorce;
• The couple gives away their power to control the outcomes of the divorce because the decisions are all   made by a Judge. The Parties do not speak to the Judge but they speak to a lawyer who speaks to the Judge;
• The communication goes upward from your attorney to the Judge who makes a decision;
• Litigation is confrontational;
• The focus of litigation is on the past;
• Litigation is not confidential because the courtroom and the records are open to the public.

MEDIATION

• Mediation is now the preferred way to dissolve a marriage in most cases because it is efficient, less expensive and allows the Parties and not the Judge to make decisions;
• The couple keeps their power to control the outcomes of the divorce because decisions are made by them with the expert help of specially trained attorneys;
• The communication goes between the Couple and the Attorney/Mediator with the couple always in control of the decisions about their dissolution;
• Mediation is non-confrontational;
• The focus of Mediation is on the future;
• The Mediation process and records are confidential.

Davismediator, Better Solutions, Mediation Attorney, Gillian Brady, Family Law