08/14/2026
Mediation vs. litigation: what’s the difference?�
Litigation is what most people picture as the process for divorce. Both sides file paperwork, exchange information, and, if they can't reach an agreement, a judge decides the unresolved issues. Once a case is in litigation, the court sets the pace. One thing that surprises many clients is how much time is spent waiting for documents, responses, or the next court date.
Mediation looks different. Instead of putting every decision in front of a judge, you and your spouse work with a neutral mediator to resolve issues like custody, property, and support. The goal isn't for someone to win, it's to reach an agreement both sides can live with.
Mediation isn't right for every situation. Cases involving hidden assets, unwillingness to negotiate, or safety concerns may require the structure of the court system.
But for many families, mediation can provide a more direct path forward.�
After more than 28 years practicing family law, I've learned that not every case belongs in mediation, and not every case belongs in court. If you're weighing your options, it's worth having a conversation before you file so you understand what to expect and can choose the approach that's right for your situation.