How Different is Divorce Mediation Compared to Divorce Litigation?
December 6, 2023
Divorce Mediation and Divorce Litigation are entirely different approaches to ending a marriage. If you are considering divorce mediation in Overland Park or Johnson County, KS, keep reading about how the two compare.
Divorce litigation will resolve your divorce in family court. This situation is usually reserved if spouses cannot amicably determine divorce terms. The proceedings are adversarial and often have a win vs. lose mentality, especially if the divorce is contested. Contested items may include child custody/parenting time/support arrangements, division of debts and assets, spousal support, or more.
Compared to divorce litigation, divorce mediation emphasizes creating lasting results for the termination of your marriage and has a win-win approach. The law requires full disclosure of all relevant information in any divorce, but traditional divorce litigation often gets in the way. Unfortunately, stalling, relying on costly formal discovery procedures, or game-playing tactics are all too common. Mediation encourages both spouses to share information in a forthcoming manner, being open and honest, which allows the proceedings to move forward unhindered. When we have all the information on the table, we can create solutions based on our complete knowledge.
Divorce mediation is also more flexible. You can set the dates and proceed at a pace that works well for the whole family rather than being forced into the court’s timetable. Without litigation taking place in a courtroom, all of your conversations remain private, and many couples appreciate this confidential aspect of the process. Additionally, if you and your spouse have children together, one of mediation’s greatest benefits is to the children. When parents can use the collaborative approach to reach an agreement on co-parenting responsibilities, children are more confident about what their future looks like instead of seeing parents pitted against each other in a traditional litigated divorce.
If you are ready to learn more or would like to schedule a consultation about your divorce options in Overland Park, KS, and Johnson County, KS, contact our office by completing the form on the contact page or calling (913) 381-1500.