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Mediation, Litigation, and Divorce

Mediation, Litigation, and Divorce

For years, you and your spouse have known each other, your children, their needs, your economic situation, and thousands of other details about your family and finances, so you know how to evaluate your situation better than any judge. Mediation is in place to assist you and your spouse when making decisions about your divorce.

Focus on What’s Important in Divorce

Even when you receive the best legal representation by a divorce attorney, there are risks that come with placing the fate of you and your children in the hands of a judge who does not know your family and your situation. Through mediation, negotiation or collaboration, divorce lawyers can facilitate communication, and open understanding. The focus can be placed on what each party truly wants and needs as well as what is best for any children involved.

Litigation

Litigation can often lead to results in decisions that neither party want. Let’s say the most important thing you want out of your divorce is “A.” Your spouse primarily wants “B.” A judge could award “B” to you and “A” to your spouse.

Advantage of Mediation over Litigation

A major advantage of mediation over litigation is that in mediation you would be able to bargain for “A,” and spouse may offer you more if he can achieve “B.” A great result is that both parties are able to avoid the extraordinary expense of litigation,while also achieving a better result.

When Litigation is the Best Solve

Some divorces just cannot be resolved through divorce meditation, negotiations or collaborative efforts because a client or a client’s spouse might just not be reasonable in any negotiations. In these cases attorneys might prefer to litigate rather than settle. While the litigation path may be more costly to you both emotionally and financially, when faced with no other alternative, attorneys prepare themselves to be highly aggressive at trial and to fight for your needs.

Moreover, if an attorney can show a judge that you have been reasonable from the outset with regard to the settlement proposalsit might be easier for them to obtain an order that your spouse pay for some of the litigation costs you have unnecessarily incurred.

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