The Surprising Benefits of Choosing Mediation Over Litigation

Choosing mediation over litigation can be a game-changer for resolving all types of family law disputes. Mediation offers a range of surprising benefits that save you time and money, but also reduce stress and facilitate more amicable outcomes. By opting for mediation, parties can work together to find mutually satisfactory solutions, maintain control over the legal process, and preserve family relationships. Let’s take a look at the unexpected advantages of mediation and why it might be the best choice for you and your family.

How Is Divorce Mediation Different From Going to Court?

Mediation is a great way to resolve divorce issues without going to court. In this voluntary, cooperative process, a neutral third-party mediator helps two disputing parties, such as you and your spouse, negotiate and reach an amicable agreement covering various issues like spousal support, child custody, parenting time, child support, college distribution, and division of property. It is an informal and private setting that allows for flexible, creative solutions tailored to the needs of both parties. In fact, a poll found that 51% of attorneys questioned favored mediation over litigation for resolving disputes, while only 31% preferred litigation.

The New York Times recently featured Jeralyn Lawrence in an article which framed the benefits of mediation in a divorce and family law matter.

As an alternative dispute resolution method, mediation tends to be faster and more cost-effective than litigation, with the added benefit of preserving relationships through cooperative problem-solving. Because the discussions are confidential and not part of the public record, mediation provides a discreet way to resolve disputes. If the parties succeed in achieving an agreement, the mediator drafts a Memorandum of Understanding, a confidential and non-binding document to guide the final settlement that you present to the court so that the judge may enter the judgement of divorce.

On the other hand, litigation is a formal, adversarial process where parties present their cases to a judge, who then make a binding decision based on legal principles and evidence. Going to court before a judge is often a compulsory route when the parties can’t resolve disputes amicably. The litigation process is public, with strict procedures and protocols that you must follow, which can make it lengthy and expensive. While litigation ensures enforceable resolutions and can address complex legal issues, it can exacerbate conflicts and damage relationships due to its combative nature. It is also very stressful.

8 Advantages of Mediation vs. Litigation

Choosing mediation over litigation for resolving family law issues offers unexpected benefits that can make the process more efficient and amicable, especially if you and the other party agree to work together constructively. Most family law cases settle with a mediator’s help, so it’s worth seeing if the process can work for you.

It is more cost-effective: Mediation is generally less expensive than litigation. Since the process helps you avoid lengthy court battles, legal fees, and other associated costs, the involved parties can save a significant amount of money since you are not going to court.
It saves you time: You can schedule mediation sessions quickly and resolve your matter in a shorter time frame compared to litigation, which can drag on for months or even years due to crowded court calendars and procedural delays. In our experience, you can negotiate a non-complex agreement in two to three sessions, each lasting two to three hours.

In addition, you can opt for mediation at any stage of your matter, whether before filing a divorce complaint or even during ongoing litigation. It’s highly encouraged that you try and mediate before filing for divorce.

You have more control over the outcome: In mediation, you and the other party have more control over the outcome. You work together to reach an agreement that suits your unique needs and circumstances, rather than having a judge make decisions for you.
Mediation is confidential: These sessions are private and confidential, unlike court proceedings, which are public. This privacy can be particularly beneficial if you prefer to keep your personal matters private.
The process helps preserve relationships: Mediation encourages cooperation and communication, which can help preserve relationships, especially important when children are involved. In cases of divorce, mediation can foster a more amicable post-split relationship, which is beneficial for co-parenting.
Mediation can reduce stress during the legal process: The mediation process is generally less adversarial and more relaxed than contentious court battles. This reduced conflict level may lead to reduced stress levels for both parties and any children or other family members involved.
You can agree on creative solutions: Mediators can help you and the other party think outside the box to come up with creative and customized solutions that a court might not be able to offer you. This flexibility can lead to more satisfactory outcomes for everyone.
Both parties feel more satisfied with the outcome: When people mediate their agreements, they are more likely to stick to them. That is because they have played a key role in creating the terms, which often makes them more satisfied with the outcome and more committed to honoring the deal.

Overall, mediation offers a range of benefits that can make resolving family law issues more efficient, less stressful, and more satisfactory for everyone involved.

Who Should Try Mediation?

Mediation can be beneficial for a wide range of people involved in family law disputes, offering a more amicable and efficient way to resolve conflicts. Here are some groups who can benefit from mediation:

Divorcing couples: Mediation is ideal for couples looking to dissolve their marriage without the acrimony and expense of litigation. This process helps the spouses negotiate terms related to property division, spousal support, child custody, child support, and other divorce-related issues in a cooperative manner.
Parents resolving child custody and support issues: Parents can use mediation to develop parenting plans, resolve custody disputes, and determine child support arrangements. This approach fosters better communication for cooperative co-parenting.
Unmarried couples: People with shared property or children can use mediation to settle disputes related to custody, support, and property division without resorting to court battles.
Blended families: Families with children from previous relationships can use mediation to address complex issues such as parenting time schedules, child support, and integrating new family members.
Elderly family members and caregivers: This process can help resolve disputes related to elder care, guardianship, and estate planning – helping families come to an agreement on care plans and financial arrangements for aging relatives.
Siblings and heirs: Mediation can settle disputes over inheritance, estate distribution, and family business matters, avoiding the emotional and financial costs of litigation.
Extended family members: Grandparents seeking rights or aunts and uncles involved in custody issues can benefit from mediation to find amicable solutions.
High-conflict families: Even if the parties have a somewhat contentious relationship, in mediation, parties can use a process called caucusing, where each party has a private, confidential meeting with the mediator. The mediator shuttles between the parties, discussing concerns and negotiating solutions. This method, known as shuttle diplomacy, allows mediation to proceed even if the parties cannot meet in the same room.
Businesses and partnerships: Family businesses and partnerships can use mediation to resolve conflicts related to business operations, ownership, and succession planning, preserving both the business and family relationships.

When Does Divorce Litigation Make Sense?

Since going to court is more costly, more stressful, and time-consuming than negotiating your settlement, many people and attorneys view it as a last resort. However, mediation may not be appropriate for all family law cases. There are several situations where litigation might be more appropriate than mediation in family law matters:

Extreme, immovable conflict or abusive situations: When there is a history of domestic violence, abuse, or a high level of conflict between the parties, litigation may be necessary to ensure safety and fairness. Mediation relies on both parties being able to negotiate on a relatively equal footing, which may not be possible in such cases. For cases involving abuse or extreme immovable litigation can provide a safer environment and protective measures, such as restraining orders or supervised parenting time.
Extreme unwillingness to compromise: If one party refuses to compromise or negotiate in good faith, mediation is unlikely to succeed. In such cases, litigation offers a structured environment where a judge can make decisions based on evidence and legal principles. Additionally, litigation includes a discovery process, compelling both parties to disclose all relevant information and documents, which is crucial in complex cases where one party might attempt to hide assets or information. It’s recommended, however, that you try mediation and see if it is successful before resorting to litigation.
Legal precedents and rights: When legal rights and precedents need to be established or clarified, litigation can provide a clear resolution. This is often necessary in cases involving unique or complex legal issues that require a judge’s interpretation. If you’re involved in a high-stakes matter, a judge’s oversight can provide you with a sense of fairness and impartiality, ensuring that the final decision is based on law and evidence rather than power dynamics or negotiation skills.
Enforcing agreements: If one party is not honoring agreements and you have already tried mediation, litigation can offer a binding resolution as ordered by the court. Court orders are legally binding and can be enforced through various legal mechanisms if one party fails to comply.

While mediation can be a cost-effective and amicable way to resolve family law disputes, litigation is sometimes necessary. Generally, this is done after mediation has been attempted and has not been successful. That is why we recommend consulting with a family law attorney to review the best options for resolving your case.

Do You Need an Attorney During Mediation?

While not required, it is beneficial to have an attorney with you during mediation. At Lawrence Law, our experienced divorce mediators can guide you through the process and provide legal advice that the mediator cannot offer. Mediation allows you to create personalized solutions outside of what a court might dictate, making it effective for most cases.

We have successfully resolved thousands of cases through both court-ordered and private mediation. If you and your spouse can communicate openly and are willing to compromise, mediation will be a good fit. Hiring a knowledgeable New Jersey divorce lawyer from Lawrence Law can help ensure a productive mediation session.

Contact the Experienced Mediation Attorneys at Lawrence Law for Your Family Law Matter

Ensure a fair and balanced resolution for your family law issues with the help of our mediation attorneys at Lawrence Law. We are here to guide you through each step of the process, ensuring a peaceful and amicable resolution.

Call (908) 645-1000 to schedule your initial consultation or fill out our confidential contact form. With convenient office locations in Watchung and Red Bank, NJ, Lawrence Law is well-equipped to serve clients throughout New Jersey. Contact us today and take a step toward resolving your family law challenges through mediation.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.