There are two options that you have when you are going through a divorce. The first of these is litigation. The second is mediation. These are very different processes that you have to consider carefully. What is right for you might not be the option that is right for someone else.
Litigation means that you and your ex go to court for a trial. In this case, the judge presiding over the case would make the decisions in the case. You and your ex wouldn’t have any say in who gets what or how child custody is handled. The lack of control in a litigated divorce is one of the primary reasons why this divorce option isn’t for everyone.
Mediation is an option for people who want a bit more control over what happens. You will have to work with your ex to decide the points of the divorce; however, this isn’t done with only you and your ex. You will have the help of a mediator, who helps you and your ex to work through the issues without veering off track. This process is usually a faster option than waiting for a trial date to open up.
In mediation, you can decide on property division, child custody and alimony. It is sometimes possible to decide on child support; however, any agreements must meet the legal requirements for child support. Since mediation is a negotiation process, you should go into the proceedings ready to work things out. Trying to be too stubborn could backfire, so make sure you know your rights and understand your options for each issue that comes up during the mediation process.
Source: FindLaw, “Divorce Mediation – Overview,” accessed Dec. 23, 2016