Litigation vs. Mediation

Wednesday, September 28th, 2016

LITIGATION VS. MEDIATION

Comparative Chart

Conventional Divorce	Mediated Divorce
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.