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Mediation vs. Litigation: Which Is The Right Choice For You?

Deciding on a method for your divorce will be one of the most important decisions you make. A less adversarial approach is best for many couples, especially those with children, which is why mediation is a popular option. For others, a mutual agreement may be too difficult to reach, and litigation ends up being the only option.

Both methods can get you the results you want. The one that is best for your divorce depends on your circumstances.

Why mediation?

Divorce is often a long, difficult and emotional process. Divorce is the separation of family-big or small-and mediation can make it easier for both sides to approach the reality of their split with open communication and negotiation between the two parties.

Mediation allows a third party-the mediator-to facilitate a mutual agreement between the couple. In many cases, this helps couple work out issues and come to mutually agreeable solutions. Some of the benefits of mediation include:

  • Mediation is more cost-effective
  • A negotiated agreement is often more beneficial to children
  • You have more control, as the decision won't ultimately be up to a judge

Why litigation?

Some couples may not be able to negotiate a divorce settlement, even with the assistance of a mediator. If there was infidelity, for example, you may not be even be able to speak to your soon-to-be ex, much less negotiate with them. A level of trust is an important part of a non-contentious resolution, and without it mediation may be difficult, if not impossible.

In instances where the parties cannot agree, litigation may be the best choice. This option allows you to lay out your case in front of a judge, and make an argument for what you deserve in your divorce.


Ultimately, the way you approach your divorce is up to you. Exploring your options is a good way to determine how to get the best result for your needs.

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Evans Family Law
5150 E Pacific Coast Hwy
STE 200
Long Beach, CA 90804-3399

Phone: 562-666-2692
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