If Divorce Can’t Be Mitigated, Should You Litigate or Mediate?

When a relationship isn’t working anymore and there is an evident lack of mutual love and respect, the best thing to do is separate. It is best to not drag the baggage of the bond any further. While divorce may not have always been common, today, the picture is quite different. According to statistics, the current divorce rate in the United States stands at about 3 percent per 1000 population; nearly eight hundred thousand people got divorced last year.

The top four reasons behind most of the divorces in America are monetary issues, infidelity, lack of intimacy and compatibility, and substance abuse. All these issues not only affect the couple seeking separation—but they also leave an ever-lasting impact on their families as well. However, getting a divorce doesn’t necessarily mean taking matters to the court. Litigation and mediation are two options that a couple can consider when they are heading on a path of separation.

Litigation is synonymous with the lawsuit. It happens when the issue over separation is taken to the court and the judge, upon hearing both sides, resides over his decision regarding the questions presented. In this case, both parties must be present at the court, either themselves or represented by an attorney. The judge will listen to both sides and strive to draw an end to the disparities that neither of the parties can agree upon. Once the decision is made, the couple is guided as to how problems can be resolved.

Alternatively, mediation, as the name suggests, involves a third-party mediator who regulates meetings between both parties and helps them come to an agreement amicably. Rather than the judge of a court, is an unbiased individual whose aim is to spawn a resolution between the two parties. One may choose to appear before the mediator himself or, let his attorney take over who will, in turn, ensure that the mediation is steered in the direction of his best interests.

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When should you choose mediation over litigation?

Mediation doesn’t involve the hassle of being present at the court on regular dates to testify. Instead, McNamee Divorce Mediation facilitates the process of legal separation by helping the couple to gain clarity.

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Many who choose mediation over litigation will realize that each party has some control over the outcome of the case. The solution that is mutually agreed upon as a result of the mediation may be better than the judgment ruled by the jury or judge of a court. Furthermore, if the couple has children, custody can be quite a contentious matter; mediation may be more practical in resolving custody disputes without disrupting the child’s mental health and emotional well-being.

However, sometimes mediation isn’t possible. Litigation may be the only option if one of the parties is difficult—if that spouse does not want to reach an amicable resolution and instead wants the ruling of a judge. Those who have suffered to extreme lengths throughout the marriage may demand heavy compensation for the irreparable harm. In addition, if one spouse is suspected of hiding assets unlawfully, avoiding the basic duties of a parent, abusing the partner, or deliberately inflicting pain, a court trial may be the best way to implore an investigation.

For couples who wish to work with a reputable and licensed mediator, give McNamee Mediations a call today.

McNamee Mediations
4590 MacArthur Blvd Suite 500, Newport Beach, CA 92660, United States

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