What is the Difference Between Mediation and Litigation?~ 2 min read

When resolving a divorce or legal conflict, it is important to understand how mediation and litigation differ. Each process has its unique approach to handling disputes, and understanding these differences can help you feel more prepared to make the best decision for your situation.

Mediation: An Amicable and Private Process

Mediation is a private, amicable process guided by a neutral third party called a mediator. The mediator works with both sides to facilitate open discussions and find reasonable solutions. One key benefit of mediation is the cooperative nature of exchanging information. Instead of spending significant time and money hunting down records or documents, both parties typically share what’s needed more freely.

The mediator’s role is to assist both parties equally, helping with tasks like gathering and sharing necessary documents, dividing assets, or addressing other areas of disagreement. This approach often saves time, reduces costs, and minimizes conflict. If mediation does not solve all the issues, it can help with certain parts of a litigated case, making the process less confrontational.

Litigation: A Public and Adversarial Process

Litigation involves taking your case to court, where a judge makes the final decisions. This process is public, formal, and typically more expensive and time-consuming than mediation. Judges are not allowed to guide or assist both sides in the way a mediator can. Instead, litigation often requires attorneys to track down records, manage discovery, and present the case in a way that may increase financial and emotional strain.

Litigation’s adversarial nature can escalate conflict, as it’s built around opposing sides arguing their case. Public hearings and trials also mean that sensitive personal matters are no longer private. While litigation might be necessary for specific legal or non-cooperative cases, it often leaves both parties feeling less in control of the outcomes.

Making the Right Choice

Mediation is often the better choice for those seeking a more amicable, private, and cost-effective way to resolve disputes. Litigation, on the other hand, may be required when cooperation isn’t possible or for cases involving more detailed legal matters. Speaking with a professional can help you understand which path aligns better with your goals and priorities.

Contact Family Ally

At Family Ally, we’re committed to helping families resolve disputes in a way that feels right for them. Whether you’re considering mediation or litigation, we are here to support you every step of the way.  Contact Jennifer Piper at 314-449-9800 to schedule a consultation. 

Family Ally is located at 130 S. Bemiston Ave., Suite 608, St. Louis, MO 63105.