Feature Article: Exploring Divorce Mediation Vs Litigation in Arizona

Introduction

People marry with the hope of spending the rest of their lives together, but as the years go by, they may start to drift apart. When this happens, some couples choose to divorce. Divorce is a difficult and emotional process that can be further complicated by the legal system. One option for couples dissolving their marriage is to seek the assistance of a mediator to help them come to an agreement on the division of assets, property, and other issues. Another option is to go through the court system with a legally binding litigation process. This feature article explores the differences between divorce mediation and litigation in Arizona and helps couples to discover the best option for them.

Mediation and Litigation: Understanding the Differences

Divorce is a process that is well known to be emotionally and financially draining. However, it is important to understand the differences between mediation and litigation to decide the best approach. In mediation, a neutral third party – a mediator- is hired to assist the couple in arriving at an agreeable resolution. The mediator acts as a facilitator, helping the couple to communicate, articulate their needs, and express their desires for their future about their marriage. Through this process, both parties actively engage in negotiations and reach an amicable resolution. On the other hand, litigation is a process of divorce that involves going to court to allow a judge to make decisions regarding the division of assets, spousal support and child custody, and other issues. During a litigation process, both parties are represented by their own lawyers who argue their client’s interests in front of a judge.

Benefits of Mediation

Mediation may be the best option for couples going through a divorce because it can be less expensive and less time-consuming than the litigation process. Mediation also allows the couple to participate in their own resolution and provide a mutually beneficial solution that better suits their needs. Mediation is a non-adversarial process that is less formal than litigation. It provides a private and confidential process for both parties, and it allows couples to focus on the future rather than past actions that have led to the end of the relationship. Moreover, mediation is a great way to help children cope with divorce. Children are not involved in the mediation process, but it produces an outcome that has less impact on them and helps parents to make arrangements for them with less stress.

Benefits of Litigation

In some cases, mediation is not the best option for resolving a divorce. Situations with domestic violence or spouses who are unwilling to participate or negotiate are cases where mediation is not feasible. Litigation is an option where couples are struggling to reach an agreement and need the intervention of a judge. During litigation, both parties have legal representation and are given an equal opportunity to present their case before a judge. The process may be complicated, expensive, and time-consuming, but it provides a definitive resolution to the couple once the proceedings are over.

Conclusion

Divorce is an emotional and difficult process, but couples can make it easier by deciding the best approach for them. Mediation and litigation are two different options available for couples filing for divorce. While mediation may be ideal for couples who want an amicable and less expensive way of settling their differences, it may not be practical for those who have complicated issues or an unwilling spouse. Litigation is a process that provides an official resolution for both parties but can be more costly and time-consuming than mediation. In the end, it’s all up to the couple to decide which choice best suits their needs. If you want to know more about Divorce Mediation Vs Litigation in Arizona, click here.