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Divorce mediation vs. litigation: know your situation

by | Sep 12, 2017 | Divorce |

Divorce mediation in Nevada is a newer form of resolution of divorce, unknown to many. For those for whom the process is suitable, it can be beneficial. But it can also be the wrong choice when you really have to protect your interests in litigation.

Mediation relies on a neutral mediator experienced in the laws related to the issues involved in the divorce process. That professional assists the parties to come to agreement on their specific divorce issues. The process helps prevent the divorce judge from making an order that one or both parties would not have chosen.

Not all conflict can be resolved through ADR

Using mediation may seem like the way to go, if you and your ex have a sufficient degree of trust in each other.

But when there are contentious issues upon which you don’t agree, mediation simply isn’t a viable option. If your spouse or ex-spouse is hiding assets, engaging in domestic abuse or taking other irreconcilable actions, mediation isn’t the answer. Litigation is.

Think of what you know about your ex and think clearly about your circumstances.
Are you two able to collaborate, or is divorce likely to be a battlefield?

If your answer is the latter, be ready to litigate.

Knowing your own mind

After all, successful mediation generally requires that both parties behave in good faith and maturely. The thing is, in many cases you can’t count on your ex for either one of those things.

When there is a child custody issue at stake, or substantial assets, this means that there’s a lot riding on how you try to resolve the issues. An attorney with strong litigation skills can help you safeguard your interests in cases that simply aren’t suitable for mediation.


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