Many divorcing couples use mediation as a less contentious, less expensive way to deal with a divorce. However, mediation requires a certain level of cooperation between spouses, and not every couple can make that commitment. This can be especially true during high net worth divorces, where there are much higher stakes regarding property and asset division. It is natural for high net worth individuals to want to retain as much of their assets as they are legally able to and to preserve the standard of living they are accustomed to. Different situations call for Mediation or Litigation.
Situations That Call for Litigation
Because these situations often involve homes, businesses, retirement accounts and other things of that nature, the process of agreeing on property division can become protracted, especially when a couple opts to solve the problem through litigation. The longer the proceedings go, the more that the couple is going to have to pay in attorney fees. This means that a substantial estate can dwindle little by little as the divorce process becomes longer. For this reason, litigation is seen as the less ideal approach to divorce, unless there is such a rift between the divorcing parties that the idea of mediation is impossible.
The Benefits of Choosing Mediation
Mediation has benefits other than cost. It allows the divorcing parties to retain confidentiality of the proceedings, allowing you to control the discussion and the outcome of your case. It gives you more personal attention from your mediator, who is trained to facilitate negotiation in tough situations. Generally, the resolution can be quicker, you have much more flexibility and it tends to be better for children if there are any involved. You may also find that post-divorce, your relationship with your ex turns out better than it would have had you chosen litigation for your case.
Our divorce lawyers guide family law clients through both mediation or litigation.