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How does a mediated divorce differ from a litigated divorce?

On Behalf of | Jun 8, 2021 | Uncategorized |

The result of the divorce process is the termination of the legal relationship between two California residents. While most readers may be familiar with divorces that happen in courtrooms, they should also know that divorce can happen in a very different setting. That setting is mediation, and this post will discuss just what mediated divorce looks like. Readers are reminded, however, that this post should not be read as legal advice or guidance on any specific legal case. When readers have questions about divorce, whether litigated or mediated, they can direct their questions to California-based family law and divorce attorneys for help.

Traditional courtroom divorce

Litigated divorces happen in courtrooms. The parties to these divorces are represented by attorneys and must negotiate or have their matters heard and decided by judges. Some individuals prefer to have their divorces happen through litigation because they do not believe that they can work with their former partners to settle their divorce issues. Litigated divorces can take time to resolve as individuals must wait to have their hearings scheduled on the courts’ calendars.

Mediated divorce

Mediated divorces do not happen in courtrooms. They happen in informal settings, such as offices or conference rooms. The parties to a mediated divorce are not represented by attorneys but rather work with a third-party neutral mediator who helps them see both sides of their divorce issues. During a mediated divorce, the parties work together to create their own divorce settlements rather than having a judge decide how their issues should resolve. Mediated divorces can also be scheduled with more flexibility as the parties do not have to wait for a courtroom to be available to have their matter heard.

There are more differences that exist between litigated and mediated divorces. Neither is right for all divorcing parties and individuals must decide what will best serve their needs and interests as they pursue the divorce process. Not all attorneys who work in divorce and family law offer mediation services, and if readers are interested in mediated divorce, they will need to seek out the services of a legal professional who works in this specific discipline.