Mediation, Collaboration, or Litigation: Which is Right For You?

 Posted on November 13, 2023 in Divorce

There are multiple avenues couples can take to reach to dissolve their marriage. Mediation, collaboration, and litigation are all different ways to reach the same end: divorce. The right one for you will depend entirely on your situation. A divorce and family law attorney can help you reach a decision where you feel most comfortable throughout the process.

Mediation

Mediation involves a third party, a “mediator,” who helps the couple negotiate multiple aspects of their impending divorce. The mediator does not have official ruling powers like a judge, but mediation still serves as a great alternative to the court process, which is often expensive and overly complex. However, a judge could order the couple to attend mediation if they feel it would be in their best interests.

Collaboration

Collaborative law is similar to mediation in a lot of ways. It is a great alternative to traditional divorce litigation, allowing spouses to work directly with one another and their attorneys to reach an amicable settlement. Unlike mediation, a judge does not order a collaborative divorce. Instead, the couple must voluntarily agree to use collaborative law to resolve their divorce settlement differences. In a collaborative divorce, the voices of both spouses are heard, and each will remain in control of what they choose to accept. Collaborative law works great for couples willing to cooperate and compromise to reach a mutually satisfying outcome.

Litigation

Litigation is a traditional divorce where both spouses and their attorneys go before a judge to reach a divorce resolution. It will likely be the more time-consuming and expensive way to dissolve a marriage. Both spouses will need to schedule hearings or a trial before a judge to settle on things such as:

• Property and marital asset division
• Spousal maintenance
• The allocation of parental responsibilities
• Child support

Couples can choose to use litigation to settle some things while using collaborative divorce or mediation for others. For couples in a high-conflict divorce, traditional divorce litigation may be the only choice they have to reach any settlements. Couples looking at an uncontested divorce can still choose litigation to resolve outstanding issues. It is important to note that litigation will result in legally binding court orders regarding all issues presented. This means that whether you agree with the outcome, you must follow the judge’s ruling.

Contact a Kane County, IL Divorce Attorney

No matter which path you choose to take in your divorce, it is best that you understand which one works best for you and choose accordingly. Enlisting the help of an experienced Batavia, IL divorce lawyer is an important first step when filing for divorce. The The Law Office of Matthew M. Williams, P.C. has been helping clients throughout divorce proceedings for almost 15 years. Contact our office at 630-409-8184 to schedule a consultation.