Learn about the difference between mediation vs litigation in our video FAQ. Family law expert Bari Z. Weinberger discusses if litigation your only option or could mediation be an option for you.
Is litigation your only option or could mediation be an option for you: find out in our mediation vs litigation FAQ.
Litigation is a situation when you and your spouse cannot agree upon certain terms, the issues in your case, in whole or in part, and you need to go to court to file your complaint for divorce and go and have a judge make determinations on your situation, on your case. The judge goes and decides all of your relevant issues. They hear the facts and they make decisions. You present the case; your attorneys present the case, that’s the litigation phase. When you’re going to mediation, it’s an alternative dispute resolution method. It means that you’re taking your case, removing it from the court system as much as possible, going into a more conciliatory forum with a mediator who’s a neutral facilitator and that mediator is there to help facilitate communications so that you and your spouse can actually come to your own resolution by making compromises and having effective communication. It’s a neutral setting, and it is essentially a confidential setting. It means that if you’re able to resolve your matter, you create a settlement agreement. If you’re unable to resolve your matter, you go back to the court in a litigation capacity but everything you discussed in mediation is confidential, it can’t go to the court and be presented or used against you in any way.
Find out more about mediation and if it could be right for you. Call now to schedule a free consultation to discuss your situation with an attorney.