The differences between mediation and litigation are primarily that mediation is a voluntary process that clients engage in because they choose to work together to try to come to an agreement that will resolve all of the outstanding issues that are incident to the divorce. It’s a confidential process. It takes place in the office of the mediator with just the parties and the mediator. The mediator is a neutral third party, although the mediator, like we have here, we are attorneys. We are family law attorneys. We do not serve as attorneys to the mediation clients, so we cannot give them legal advice, but we are neutral third parties to assist them to come to an agreement with respect to the issues.

It’s generally a less expensive process than litigation, much less expensive, and ultimately I think it’s probably a more satisfying experience for the clients because they have an investment in the agreement that they have both participated in crafting. Litigation on the other hand is an adversarial process. It’s almost always much more costly than litigation – than – excuse me – than mediation. It is not a confidential process. It takes place in open courtrooms. The documents are mostly public records.

If they can’t come to an agreement, they are risking having a judge decide issues such as custody of the children, and child support, and property division. And although their lawyers can make the best arguments about those various issues, ultimately, if the parties can’t agree, it will be decided by a judge. So those are the main differences between mediation and litigation.