In the majority of instances, it is better to mediate a dispute rather than take it to trial. This applies to all aspects of civil law, not just divorce. However, if you are in the beginning stages of divorce, it is worth your money and time to consider mediation.
Even though mediation is a superior option in many cases, it is not always possible. According to Forbes Magazine, you must weigh the cost and time benefits of mediation against your ability to negotiate with your ex-spouse when deciding what form your divorce will take.
When is mediation better?
If you believe that you can actively work with your ex-spouse in order to produce divorce terms that benefit both of you, then mediation is a great option. Mediation is much cheaper and quicker than trial divorce. This is because mediation allows you to skip the courtroom entirely. Rather than relying on a judge to mediate your divorce, you and your ex-spouse can simply negotiate directly.
When is trial better?
In the event that you and your ex-spouse are not on speaking terms, it is highly unlikely that you will be able to mediate your divorce successfully. Particularly if you and your ex-spouse are in disagreement on major components of the divorce, such as child custody, you should expect your divorce to go to trial.
Keep in mind that a trial divorce will not guarantee you what you want. Rather, it will give you the chance to make your case in front of a judge using the law. It is not a good idea to take your divorce to trial merely to “have your day in court” and rant about your ex.