Mediation vs. Litigation – Which Is Right for Your Case?

When seeking a divorce, there are generally 2 options available to you: mediation and litigation. Mediation is an informal process that allows you to work with your spouse to reach creative solutions. You will discuss important factors, such as child support and custody, alimony payments, and the division of assets and property. In litigation, a judge will examine the facts and make a binding legal decision regarding these aspects.

Understanding the Difference Between Mediation & Litigation

In mediation, you will be able to reach unique and effective solutions that meet both you and your spouse’s needs. An impartial mediator will act as a go-between to help ensure all important factors are discussed, and the mediation itself will be confidential, fairly low cost, and cooperative. Our San Diego divorce mediators have guided numerous clients through the mediation process, and we will provide informative advice on any decisions that could influence your financial well-being and relationship with your children.

Litigation, on the other hand, is a formal court process. This is generally used when the parties cannot agree or reach a solution in mediation. In litigation, the opposing parties will present evidence in support of their arguments, and the judge will make a decision and issue a binding court order. Having an experienced family law attorney on your side can help the process go smoothly and ensure your rights and interests are protected.

So Which Method Is Best for Your Case?

Every situation is different. If your case is fairly simple and straightforward, and you are able to work together well with your spouse, mediation may be right for you. With mediation, you will be able to avoid the cost, stress, and hassle of a formal trial. However, if you and your spouse disagree on any important issues, and you are unable to cooperate to reach a solution in mediation, then litigation may be the best option.

Call Our San Diego Divorce Lawyers Today at (858) 943-2060

Cage & Miles, LLP provides efficient representation to clients in Southern California. If you are seeking a divorce, or you are handling other complicated family law issues, our team of San Diego family lawyers can walk you through the process. With years of legal experience, we can discuss your options and passionately represent you in mediation or litigation.

Contact us today for a free, half hour consultation.

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