Divorce Mediation or Divorce Litigation - Which Will Work Best for You

1. What is Divorce Mediation?
Divorce mediation is a voluntary, confidential and structured process in which spouses who are seeking divorce come together in a safe, comfortable setting and communicate with the help of a Mediator "a trained neutral". Discussions take place in an environment that fosters open communication and covers all the necessary issues that need to be addressed so that they (the parties) can reach a self-made, forward looking agreement that will be accepted by the Court.

2. What is Divorce Litigation?
Divorce litigation is a legal process in which spouses seeking divorce choose their own individual Attorneys to represent them in their divorce proceedings. All communications, correspondence and exchange of information takes place between the Attorneys. Divorce litigation involves an involved discovery process, an exchange of financial information and other mandatory disclosure requirements, interrogatories, request for production of documents, depositions, case management conferences, motions if applicable, pre-trial conferences and if necessary, trial.

3. How long does the process of Divorce Mediation take as compared to Divorce Litigation?
Divorce mediation often requires between 3-5 (2) hour long mediation sessions that are then followed by the completion of the necessary court required paperwork (this can be completed by the Mediator, so long as he/she is also an Attorney. The timetable for divorce mediation is set by the parties (the soon to be ex-spouses). Divorce litigation can take up to 1 year for the parties to be given a hearing date with the Court; this is due in large part to the necessary exchange of information, documentation and other mandatory disclosure materials. Given that the correspondence is between attorneys and the Court is involved, the process can take a long time; the more professionals involved, the longer it will take. The timetable for divorce litigation is set by the court.

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