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How is mediation different from litigation?

While divorce mediation and divorce litigation are both dispute resolution methods, they achieve their results through very different methods.

On the one hand, litigation focuses on providing justice to the right party. Because obtaining justice assumes that one spouse in the divorce is “right” and the other spouse is “wrong,” litigation relies on attorneys making arguments to a judge. Where an attorney’s sole loyalty flows to his or client, the result is an adversarial process which focuses on exposing the weaknesses of the other party.

Divorce mediation, on the other hand, is a flexible and voluntary process that focuses on finding common solutions by capitalizing on each spouse’s individual and collective strengths. Mediation looks past the idea that one spouse is “right” and the other is “wrong.” Instead, mediation focuses on common goals and interests that spouses continue to share, even after their marriage has eroded, with a focus on how both spouses can best move on after the separation becomes finalized. This gives mediation a forward-thinking, amicable, and cooperative attitude that can help you and your spouse find the resolution that helps everyone.

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