Litigated vs. Mediated Divorces: What’s Right for You?

Domestic and Family Law Disputes are never easy, but that does not mean there aren’t options to make the process go as smoothly and quickly as possible. Taking a family law situation that can be calmly and privately sorted out to court can sometimes cause more problems than it solves and lead to an increase in cost that some couples cannot afford. Mediation can be helpful in family law matters as it may assist in avoiding the litigation process and high costs of litigation. Mediation can also allow you and your spouse (or opposing party) to decide privately your family law matters. Contacting a family law firm, like Schulz Stephenson Law, will be your first step towards making your domestic matter more do-able and finding out what options work best for your individual situation.




What is Mediation?
Mediation involves the meeting of all parties and a neutral third party to settle issues surrounding your domestic matter efficiently and cost effectively. It can help the process go by faster and with less disagreement. Typically, issues that are covered in domestic mediation include distribution of marital property, child custody, child support, and spousal support. The mediator is there to assist in producing a calm, safe environment for both parties, and to advocate and promote a final settlement of all issues. While some things can be relatively easy to settle, others are not. Mediation can help couples focus on the real issues at hand while maintaining a flexible, confidential, and peaceful process.


Pros of Mediation
There are many pros of mediation in a family law matter. In terms of children and custody, going to Court and litigating the issue of custody can be very stressful on both young and older children, and mediation will give you and your spouse an opportunity to spare your children from unnecessary conflict and stress. The cost benefits can also be significant. Mediation can allow you to resolve your domestic/family law matter in much less time, and with much less expense, than drawn out litigation, One of the most beneficial aspects of mediation is the privacy it affords the parties in resolving their domestic matter. When mediating, typically, only the mediator, the parties, and their respective attorneys are involved. Family law matters, which almost always touch on private and sensitive topics, can be addressed out of the public eye during a mediation, verses litigation in a courtroom.


What is Litigation? When is it Necessary?
In a short word, litigation is where a couple ultimately goes to court to settle their family law matters. Though this may sound like a major upset to a majority of people dealing with domestic issues, sometimes it’s absolutely necessary. Litigation can also be considered if mediation was attempted and failed. Some other circumstances which may make litigation necessary, include, but are not limited to:


• Highly complex issues involving property disputes and child custody
• Situations where domestic violence has occurred
• Drug and alcohol abuse of a party
• Other addictions of a party


If you have separation, divorce, child support, or child custody issues to address, and want to learn more about your options and to see if mediation or litigation is best for you, contact our office today to speak to an experienced family law attorney that can give you the advice you need to resolve your domestic matter as promptly as possible.


Schulz Stephenson Law represents clients regarding Family Law and Divorce in Carteret County, NC including Beaufort, Morehead City, Atlantic Beach, Cape Carteret, and Emerald Isle as well as New Bern and other areas in Craven County, Pamlico County and surrounding areas. Contact us today for a consultation so we can discuss the next steps in your domestic matter, and how to make that as easy as possible for you and your family.

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