In My Divorce, Should I Pursue Mediation or Litigation?

 Posted on September 29, 2023 in Divorce

Choosing the right approach to handling a divorce can make a significant difference in determining how emotionally and financially draining the process is. If you are interested in pursuing a divorce, it is important to understand the distinct advantages of mediation and litigation. For guidance in which avenue to pursue, discuss your questions and concerns with a qualified Illinois divorce lawyer. This person will be your best resource, regardless of which divorce path you choose.

Understanding When Mediation May Make Sense

People often choose mediation because it grants a couple the opportunity to resolve their issues in a peaceful and collaborative way with the guidance of a neutral third-party mediator. Unlike the frequently contentious nature of litigation, mediation emphasizes communication and compromise with the goal of preserving relationships. This makes mediation a suitable choice for couples seeking a less adversarial process of divorce. Here are situations where mediation may be a good option:

1. Efficient conflict resolution – By working together in a cooperative environment, you can avoid the lengthy court battles associated with litigation. Mediation sessions are usually scheduled at your convenience, giving you more control over the process and allowing for a faster resolution.

2. Customization – Mediation prioritizes customization and flexibility. Unlike litigation, where a judge imposes decisions, mediation allows you to actively participate in crafting mutually agreeable solutions that cater to your specific needs.

Understanding When Litigation May Make Sense 

While mediation offers many benefits, litigation may be more appropriate in certain divorce cases. Litigation involves presenting your case to a judge who ultimately makes decisions on your behalf. Here are situations where litigation may be a good option:

1. Power imbalance – If there is a significant power imbalance between the parties, such as in domestic violence or abuse cases, litigation provides a formal process that ensures both parties have an equal chance to present their case.

2. Unwillingness to compromise – When one or both parties are not willing to compromise or negotiate, litigation may be necessary to protect your rights and secure a fair outcome. 

Contact a DuPage County Divorce Lawyer 

In the end, the decision to pursue mediation or litigation hinges on your unique circumstances. While mediation emphasizes cooperation and customization, litigation may make more sense when there is a power imbalance or an unwillingness by one or both parties to compromise. Whatever path you choose, our lawyers are ready to help. Contact the experienced Wheaton divorce attorneys with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation.