Mediation vs. Litigation in a California Divorce
One of the most important choices for divorcing spouses in California is whether to pursue a mediated divorce or a litigated divorce. For some, this is not a choice at all – and they have no option but to choose litigation. However, there might be some flexibility when it comes to your divorce. Which one should you choose?
RM Law Group, LLP understands that divorcing spouses in California often face difficult, confusing decisions. Our experienced divorce attorneys in Cerritos include Jason Martinez, Michael Recinos, and Aida Khamis. These lawyers have been practicing for many years with a primary focus on divorce-related disputes. A discussion with these California divorce attorneys may help spouses understand the difference between litigation and mediation in divorce.
What is the Difference Between Mediation and Litigation?
A mediated divorce occurs behind closed doors. After engaging in private negotiations, spouses work with divorce lawyers to draft divorce agreements. These agreements contain all mutual decisions on issues like child custody, property division, alimony, and child support. With the agreement drafted, the only remaining step is approval during a relatively straightforward hearing in family court.
On the other hand, litigation occurs in court. With help from their divorce lawyers, spouses will present evidence and oral arguments. The goal is to win a favorable decision from the judge.
When Should I Choose a Mediated Divorce?
According to a study published by the Office of Justice Programs, divorcing spouses who tried mediation were more satisfied with their outcomes compared to spouses who went through litigation. This alone should explain why mediation has become so popular across the entire country. The study also found that mediation was less damaging to future familial relationships and that it was more likely to lead to joint custody agreements.
Divorce mediation may offer several potential benefits, including faster overall resolutions and lower legal fees. These two advantages often go hand-in-hand, as a faster divorce usually leads to fewer billable hours and lower overall costs. However, mediation also tends to be less stressful than litigation, as the latter is generally more adversarial in nature. Mediation may also be more confidential, keeping embarrassing details out of the public record.
When Should I Choose a Litigated Divorce?
While mediation is popular, it may not be effective for all spouses. Sometimes, private negotiations are impossible due to the caustic, resentful relationship between spouses. Although mediation has the potential to be cheaper than litigation, failed mediation requires couples to start from square one. This represents not only lost time but also wasted funds.
If spouses believe that these private negotiations will be conducted in bad faith, it might be best to avoid them entirely and choose litigation instead. Litigation also allows you to present evidence in a public setting, which could be advantageous in cases involving serious marital misconduct.
Schedule a Consultation at an Established Divorce Law Firm in California
If you have been searching for an established divorce law firm in San Bernardino County, schedule a consultation with The RM Law Group, LLP today. Our experienced Cerritos divorce lawyers may be able to help you choose between a litigated or mediated divorce, and you can continue this discussion by calling 866-706-3160. Contact us for a free consultation today to get started.
Jason Martinez is a co-founding partner of RM Law Group, LLP. His practice focuses exclusively on California Family Law and community property division, including litigation and settlement of complex and high-conflict divorce and child custody proceedings. Jason understands that divorce and family law issues have long-term effects on all family members, especially the children.
