Legal Differences Between Mediation and Litigation

The path you pursue to end a marital union will affect the outcome and experience. In Florida, divorcing couples can choose to resolve their issues through mediation or traditional litigation. Have a conversation with an Orlando family lawyer to grasp the key distinctions between these two approaches and make an informed decision on which makes the most sense for you.

Collaborative Approaches and Court-Driven Processes

Mediation is a non-adversarial process where both parties work together, with the help of a neutral mediator. Legal aspects of mediation include the following.

• Voluntary participation. In most cases, mediation is voluntary, but Florida courts may require it in some divorce proceedings.
• Neutral mediator. The mediator facilitates discussions but does not make decisions or provide legal advice. Their role is to help the parties reach mutually acceptable agreements.
• Florida law protects the confidentiality of mediation discussions. This means what is said during mediation cannot be used as evidence in court.
• Control over outcomes. The parties retain control over decisions regarding asset division, child custody, and support arrangements.
• Mediation is typically faster and less expensive than litigation.

Best suited for couples who are willing to communicate openly and work together to find solutions, mediation often fosters a more amicable post-divorce relationship. This may be especially important to you if there are children involved.

Conversely, litigation is the traditional divorce process where disputes are resolved in court. There is an adversarial nature to litigation, it positions each spouse as opposing parties, with attorneys advocating for their client’s best interests. The process follows strict legal protocols, including discovery, hearings, and potentially a trial. Finally, a judge makes decisions on all contested issues, including property division, alimony, child custody, and support.

Unlike mediation, litigation is part of the court records, meaning case details are accessible to the public.  While it may be necessary in high-conflict cases where parties cannot reach agreements on their own, the pros and cons of litigation need to be fully understood. Going to court can be lengthy and expensive due to court fees and attorney costs.

How an Attorney Can Support Your Objectives

Partnering with a legal expert is important whether you and your soon-to-be-ex spouse are interested in mediation or litigation. An attorney can serve as your mediator or advise you if another legal professional is filling that role. It is also possible for them to advocate for you in court, present evidence and arguments to support your case, and guide you as you handle complex legal procedures.

Whether you seek the collaborative atmosphere of mediation or need the structure of litigation, an experienced Orlando family lawyer can help. Reach out today for assistance as you navigate divorce and fight for a resolution that protects your future.

Is it time for you to make a decision between mediation and litigation? Regardless of the approach you choose, having the skilled attorneys at Donna Hung Law by your side ensures you are prepared, informed, and supported every step of the way. Call 407-999-0099 or contact us online.