Divorce Mediation vs. Litigation: Which Option is Right for You?

No matter the situation, divorce is a difficult and emotional process. It requires people to turn something emotional into a practical consideration of each party’s assets and resources, which is much easier said than done.

It can be truly challenging to decide how to proceed with the legal aspect of ending a marriage. Two common options for resolving a divorce are mediation and litigation. We’re here to discuss the differences between the two in order to help you determine which one is right for you.

What is divorce mediation?

Divorce mediation is a process in which a neutral third-party mediator helps a couple to reach a divorce agreement. This mediator could be a professional family law mediator or attorney. They don’t provide any legal advice, but simply facilitate the decision-making process from a neutral standpoint.

A mediator’s job is to help the couple reach an agreement that works for both parties.

Why is divorce mediation a good option?

Mediation is often a good choice because it’s generally much less expensive and time-consuming than litigation. This is because it can be completed much more quickly.

In general, mediation is often a less confrontational process than litigation. This means that after mediation, couples can maintain a respectful or even friendly relationship even though their romantic relationship has ended. Litigation, on the other hand, can be a lot more emotionally fraught.

What are some disadvantages of divorce mediation?

Mediation requires a general level of civility and cooperation– so if things are particularly contentious between a couple, mediation may not be an effective choice for them. It’s also not a good choice for couples who have a history of domestic violence or abuse.

Additionally, in divorce mediation, couples don’t have legal representation. Even if the mediator is an attorney, they don’t represent either member of the couples, who are representing themselves. This might not be suitable for all couples.

What is divorce litigation?

Divorce litigation is a process in which each party hires an attorney to represent them in court. The court then makes decisions about the divorce, including property division, child custody, and spousal support.

Litigation can be a longer and more expensive process than mediation. It’s also more formal, since it requires going to court and following a specific process.

What are some advantages of divorce litigation?

In litigation, each party has legal representation, which can provide clear legal guidance throughout the process.

Additionally, the court makes decisions about the divorce, which can provide a clear and enforceable order.

Litigation is also a great choice for couples that have complex financial or legal issues.

What are some disadvantages of divorce litigation?

Because of legal fees and court costs, litigation is usually more expensive than mediation. It’s also a more time-consuming process because of court schedules and procedures.

Which one is right for my divorce: mediation or litigation?


There’s no one-size-fits-all solution to divorce proceedings. Every couple has a unique dynamic and unique circumstances. Some couples may be able to enjoy a quick and friendly mediation, while others might have no choice but to pursue a lengthy litigation process.

Either way, we’d highly recommend securing an experienced attorney to help represent you, your assets, and your best interests. At Davidson Law Firm, we’ve been doing this for forty years. We’re ready to represent you– just give us a call today.