Mediation or Litigation?


"Breaking Up Is Hard To do "was written in 1962 by Neil Sedaka and it still rings true today. It is still very hard for many families who are going through the difficulties of separating. Separations sever not only personal relationships they also break up the shared financial partnership of the couple.

While there are the emotional difficulties of changing parental and spousal relationships with what once seemed like appropriate life partners, there are also potentially great painful and financial difficulties of trying to survive within similar lifestyles and trying to ensure that the children of the relationship are able to cope emotionally with the separation as well.

Fortunately, a lot of families are able to resolve their difficulties themselves and move on. Other families for many reasons cannot put their problems behind them.

For some, the need to resort to the litigious court process may be the only way to try to put an end to their difficulties. Experience has shown that this adversarial approach is not only very emotional and very expensive it is time consuming as the court process has several conferences and sometimes motions required prior to setting a matter to trial.

Other families may be able to resolve their problems through mediation, which may be a significantly less expensive and much faster way of putting an end to their disputes. Simply put, parties and their lawyers can agree to appoint an experienced mediator who will be more available in a timely manner to help the family members settle their affairs privately.

Speak to your lawyer and raise the prospect of mediation with him or her. It may be one of the best things that you can do.