Is Mediation Better Than Litigation?

By | 2018-10-17T16:07:46+00:00 October 11th, 2018|News|Comments Off on Is Mediation Better Than Litigation?

Is Mediation Better Than Litigation?

There are several ways that a divorce case, or any other family law case, can be settled, including mediation and litigation. But in most cases, it is more advantageous to push for mediation. Mediation, especially divorce mediation, can be a better option financially, mentally, and time-wise. Below is a cost analysis of the benefits of mediation over litigation.

Mediation v. Litigation

Here are 8 differences to take into consideration when deciding whether or not to pursue mediation instead of litigation.

  1. Money

Mediation is generally less expensive when contrasted to the expense of litigation from start to finish.

  1. Time

As our courts continued to become more backlogged, mediation provides a much faster way of resolving disputes. When parties want to leave the transition and get on with their lives, mediation can assist in doing so much more quickly than litigation.

  1. Preservation of Ongoing Relationships

Many disputes occur during a transition in the context of relationships that will continue over future years. A mediated settlement that addresses all parties’ interests can often preserve a working relationship in ways that would are not possible in litigation. Mediation can make the termination of a relationship more amicable. How you terminate the relationship is predictive of how your relationship will work in the future. If you end things amicably, you are more likely to work together amicably moving forward.

  1. Control & Predictability

Our judicial officers have a very difficult job limited by a number of restrictions in the Courtroom. Your family’s future remains in your hands through the mediation process as opposed to litigation where you relinquish that to Judge.

  1. Comprehensive & Customized

Mediation permits parties to think outside of the box. Parties are able to address both legal and non-legal issues that are not always permitted into the Courtroom. Settlement agreements can be tailored to the particular situation of each family, attending to the fine details needed in each specific case.

  1. Satisfaction & Empowerment

Parties are generally more satisfied with agreements they have mutually constructed through mediation, as opposed to Orders received from a Judge. Parties who mediate an agreement often feel more powerful than those who litigate, as it provides a forum for learning about and exercising personal power or influence.

  1. Compliance

Parties who reach their own agreements through mediation are generally more likely to follow through and comply with the terms agreed to than those that have been imposed by
a Judge.

  1. Decisions that Hold Up Over Time

Mediated settlements tend to hold up longer than litigated decisions over time, and if a dispute later arises, parties are more likely to mediate again to resolve their differences than to rush into Court.

In an already stressful time, deciding which direction to take your case can be confusing. Megan Wells, Indianapolis family attorney, can help you decide which option is best for your specific needs. Give us a call at 317-580-9348!