Trying to mediate your divorce is usually the most beneficial choice for all parties. Often, mediated or collaborative divorce is less expensive and takes far less time.
However, there are some instances where taking your divorce to trial may be your only realistic option. According to Forbes Magazine, you should always weigh the time and expense benefits of mediated divorce against the possibility of getting what you want in a trial divorce before making this decision.
Why does mediation save so much time and money?
Mediating your divorce essentially cuts out the middleman. In this case “the middleman” is the courtroom. Taking your case to trial is almost guaranteed to be more expensive than mediating it. This is because trial divorces require a larger collection of legal Personnel to facilitate. For instance, with a trial divorce you may be working with a lawyer, paralegals, legal aids and a judge.
With mediation, you may only need to talk with your ex-spouse and a professional mediator to arrange a divorce that works well for all parties. This is much less expensive and far faster than waiting for a spot to open up on the court docket.
What about the results?
If you are in a high-conflict divorce, you may not be able to negotiate effectively with your ex-spouse. Taking your divorce to trial does not automatically mean that you will get what you want, but you will be able to make your case couched in the law before an impartial judge. If negotiating will not get you what you want, a well-reasoned legal argument might. However, you must weigh the pros and cons of a trial divorce before deciding on it.