Litigation
1. No control over the length of time the divorce process will take as it relies on the schedules of the parties, the parties’ attorneys, as well as the judge.
2. Can be very costly depending on how long how complex and how adversarial the process is.
3. Couple abdicates decision-making to a judge and lose control of both the process and the outcome.
4. Based on "win-lose" conflict resolution strategy.
5. Communication between the couple 1s discouraged.
6. Decisions will be imposed by a judge who does not know the unique issues of your family.
7. Children of all ages suffer adverse effects of battles between their parents.
8. Children may be used as “chips” bargaining to game concessions from other the side.
9. Confrontation, bitterness and hostility are created by the adversarial legal process.
10. Dissatisfaction with the outcome frequently leads to post-divorce litigation.
Mediation
1. Mediations are scheduled around the dates and times convenient to the couple and the mediator.
2. Cost is significantly less than less than litigation because cases are usually settled without attorneys and without contested hearings and/or a trial.
3. Couple takes responsibility for own decisions and equally control the process and the outcome.
4. Based on "win-win" conflict resolution strategy.
5. Communication is the basis on which decisions and agreements are made.
6. Couple designs their own settlement with aid of a mediator who works with them.
7. Children of all ages suffer adverse effects of battles between their parents.
8. The structure of mediation prevents the children from being used as pawns.
9. Cooperation and trust are developed by the nature of the process.
10. Satisfaction with the mutually achieved, mediated agreement greatly reduces post-divorce conflict.
This chart was adapted from materials originally prepared by Pro Se Divorce Mediation Training
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