What is the Difference Between Divorce Litigation and Divorce and Custody Mediation?
MEDIATION PROCESS VS. LITIGATION
Family Law Corp. provides differences of divorce litigation and divorce and custody mediation by top family lawyer mediator on Main Line and Philadelphia.
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Litigation The parties may be forced to go to court. |
Mediation Participation is usually voluntary. |
| The court decides what information is relevant. | The parties can present any information they feel is important. |
| The case is limited to the issues raised in the complaint. | Underlying issues may be addressed. |
| The decision must be based on laws or legal precedent. | Process is based on self-determination. |
| The solution is limited by legal remedies (i.e. damages). | The parties decide how to resolve their problems with any solution that they feel is appropriate. |
| Becomes party of public record. | Confidential. |
| The judge or jury determines the outcome of the case; the judge has the power to force the parties to comply with the court’s decision. | The divorce expert cannot force an agreement upon the parties. The decision does not need to follow particular rules of law. |
| Win/Lose or Lose/Lose outcome; a lawsuit ends with one winner and one loser. | WIN/WIN OUTCOME or NO AGREEMENT. |
