Going through a divorce is one of life’s most difficult experiences, and the process you select can have a profound effect on the outcome — financially and emotionally.
This article examines mediation and litigation to help you decide which avenue is right for you. Each method has its own pros and cons, depending on the specifics of your case. It is important to know what these differences are to help you choose the right path for what you need.
What is Divorce Mediation?
Mediation is a mutual process where you work with a neutral mediator to discuss and agree on areas of your divorce, including finances, asset redistribution, and children.
A mediator aids discussions but does not issue legal advice or make determined decisions; the goal is to come away with mutually agreeable phrases.
What is Divorce Litigation?
Litigation involves resolving divorce disputes in the court system. Solicitors typically represent each side, and a judge decides any contested issues.
Litigation is usually a method of choice for parties when they fail to reach an agreement or have substantial disagreements or complexity.
Mediation vs. Litigation
| Benefits | Drawbacks | |
|---|---|---|
| Cost Considerations | Mediation is usually cheaper than litigation. The avoidance of extensive court sessions saves families thousands of pounds in legal fees. Mediators typically bill by the hour, and the cost is divided between the parties. | Litigation is usually much more expensive because of solicitor fees, court costs, and the possibility of protracted disputes. In general, each party pays for their own legal costs, which can impose a financial burden, especially in a prolonged case. |
| Timeframe | Mediation is generally quicker than going to court. Sessions are booked at mutual convenience, and most disputes settle within a few weeks or months. | Litigation can also drag on, sometimes for many months — even years — to reach a final divorce settlement, particularly when courts are delayed by backlogs. |
| Emotional Impact | Unlike litigation, mediation is less adversarial and more focused on collaboration.
This method can minimise conflict and stress, leaving a working relationship intact between parties. Especially when kids are involved, it helps create better co-parenting dynamics. |
Litigation is draining on both an emotional and monetary level and often leads to increased tension and hatred between the husband and wife.
The adversarial system of litigation can create additional turmoil for families and children in this complex process of divorce. |
| Control Over Outcomes | With mediation, both parties can participate in their agreement — including the terms — which gives them both a sense of ownership and fairness.
For this reason, mediation agreements are more customised and suited to the individual needs of the parties in question. |
In litigation, decisions are made by a judge, so both parties may have little influence over the end result.
That can create dissatisfaction or a sense of unfairness. |
| Privacy | Mediation is a confidential process.
Those talks and accords are not public, which can be a boon for couples who want to avoid public exposure. |
In litigation, decisions are made by a judge, so both parties may have little influence over the end result.
That can create dissatisfaction or a sense of unfairness. |
When is Mediation the Right Approach?
Mediation is particularly appropriate when both parties are willing to communicate and negotiate honestly.
It helps individuals who want to keep a collaborative relationship for personal or parenting reasons. It works best for more uncomplicated financial arrangements or parenting plans.
Mediation is inappropriate in situations where the imbalance of power between parties is so overwhelming that it renders negotiation unrealistic, as in the case of abuse, or where one or both parties are unwilling to compromise.
When Should You Litigate?
When disagreements are more complicated—such as who gets a lucrative asset, pension, or business—litigation may be the more feasible option.
It is also needed when one side won’t participate in mediation or is dishonest, like failing to disclose vital financial information.
On the other hand, litigation may be more suitable for highly polarised disputes and helps to ensure legal protections and enforceable outcomes.
Choosing the Right Path
Choosing between mediation and litigation depends on the details of your case.
If you and your ex are both willing to communicate directly and reach compromises, mediation can be much less time-consuming, costly, and emotionally draining.
But litigation does make sense for cases rife with disputes, or where trust is broken: You will get black-and-white answers and binding decisions.
How Freeman Harris Can Assist
We recognise that every divorce is different here at Freeman Harris.
Our highly experienced family law solicitors can advise you as to the most appropriate way to resolve your divorce, whether that be mediation, litigation, or a combination of approaches.
We partner with you to navigate the process as smoothly and fairly as possible so you can have greater confidence about moving forward.
Whether you’re interested in mediation, or just need help navigating the court system, Freeman Harris can help with expert guidance designed specifically for your situation.
Reach out to us today to learn about your options and leave the next step towards finalising your divorce to us.
