Litigation vs. Mediation
Wednesday, September 28th, 2016
LITIGATION VS. MEDIATION
|Strict adherence to existing judicial codes and criteria.
||Using existing codes along with subjective considerations as determined by the interested parties and their Mediation specialist.
|Negotiations focused on the past conflicts and negative experiences of the parties involved.
||Emphasis on the best interests of all parties moving into the future.
|Representation by a professional expert in the field of divorce from solely a legal standpoint.
||Same legal representation with the added benefit of a holistic person-centered approach to problem solving, parenting plans and assistance with financial planning.
|Emphasis on individual loss/gain, a series of proposals and counter-proposals often resulting in one or both parties feeling bitter and resentful.
||All parties participate in productive discussion with the mutual goal of equity and fairness.
|Equitable distribution based upon statutory criteria for dividing property.
||Impartial financial planning to help both parties plan sound financial futures.
|Often acrimonious debate of the competence and fitness of one parent over the other.
||Emphasis on the best and least-disruptive arrangement for the child(ren). Focus on cooperative parenting.
|Use of civil discovery procedures to obtain information and documents when a voluntary exchange does not suffice.
||Contractual agreement to exchange information and documents that are reasonably necessary to the process.
|Litigation and negotiation strategies; use of court procedures to influence settlements.
||Cooperative strategies to seek common ground and to achieve win-win solutions.
|Formal drafting based upon a standardized format utilized by legal professionals.
||Drafting in understandable modern English; Collaborative revision process.
|Risk of unwelcome outcomes in the court of law.
||Controlled outcome; a fair and workable settlement.