Divorce & Mediation Options
There are a number of options available to resolve a divorce case. No one size fits all. Rather, each option has some pros and some cons. Each couple should choose an option which fits their needs and circumstances.
Here is a summary of some of the various options. If you have any questions, please contact us.
Standard Litigation
Each party hires and pays for their own lawyer.
Pros
Each party has an attorney whose goal is to advise the client what is in their best interest. All discovery and litigation avenues allowed by law are open. Good lawyers can identify potential problems in advance and find means for avoiding them.
Cons
If either lawyer is not a settlement based lawyer (and some lawyers who say they are, really are not), the process can be complicated, difficult and expensive. The parties are paying two lawyers. The discovery and litigation system can be expensive and frustrating.
Both Parties File Pro Se
Both parties file for divorce without attorneys.
Pros
No lawyers, no litigation, no cost.
Cons
No one is there to tell the parties if what they are doing is in their best interests or could be done better for both of them. No one will forewarn the parties of potential problems or issues.
This option works only for cases where there is nothing to negotiate, so there’s nothing to lose.
Mediation Without Lawyers
Neither party has a lawyer. A mediator assists the parties in coming to agreements.
Pros
The only cost is the mediator. In a full service mediation, the mediator can draft any necessary documents and ensure that everything is done correctly.
Cons
No lawyer advising the parties about their individual rights and interests.
Mediation With Lawyers
Both parties engage lawyers and the lawyers engage a mediator to assist in resolving any disputes.
Pros
This combines the best of both worlds where each party has a lawyer advising as to their client’s individual interest and there is a third party hired to bridge the two positions.
Cons
This is the most costly option, especially if one of the lawyers is not a settlement based lawyer.
