What is Mediation?

What are the differences between 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
• Mediation promotes better communication and decreases future conflict