Partner Amy Lass is our primary mediation specialist at GYL:
“I often recommend mediation for my clients because they will have a direct say in arriving at their settlement rather than having a judge tell them how to parent their children or pay their bills. In many cases, the courtroom isn’t necessary for a divorce. Many couples are willing to work toward a settlement on their own with the guidance of our legal counsel.”
Divorce Mediation vs. Litigation – Pros and Cons
There are many advantages to avoiding a divorce trial. Avoiding a fight in court typically leads to a better long-term relationship with your ex-spouse – something that is particularly desirable if you have children. In the absence of a trial, the divorce process is often quicker, cheaper, and more private. In addition, you’ll have more control over the terms of the divorce since a judge will not be making the decisions.
There are times, though, when a divorce trial might be preferable to an agreement, mediation, collaboration, or negotiation. For example, if you believe that your spouse is hiding assets or income, a subpoena might be necessary. Litigation is your only opportunity to compel financial disclosure. In addition, if your spouse has a history of domestic violence or drug or alcohol abuse, a trial is often necessary.
Are you are considering a divorce and are interested in alternatives to a trial? Call GYL at (858) 371-5569 to learn about your options! Our attorneys are some of the best in the field and we would be happy to help you through the divorce mediation process. Click here to reach us online.