Mediation & Collaborative Divorce Attorney in Hingham, Massachusetts
What are the differences between mediation and litigation?
What are the differences between mediation and litigation?
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The differences between mediation and litigation are primarily that mediation is a voluntary process that clients engage in because they choose to work together to try to come to an agreement that will resolve all of the outstanding issues that are incident to the divorce. It’s a confidential process. It takes place in the office of the mediator with just the parties and the mediator. The mediator is a neutral third party, although the mediator, like we have here, we are attorneys. We are family law attorneys. We do not serve as attorneys to the mediation clients, so we cannot give them legal advice, but we are neutral third parties to assist them to come to an agreement with respect to the issues.
It’s generally a less expensive process than litigation, much less expensive, and ultimately I think it’s probably a more satisfying experience for the clients because they have an investment in the agreement that they have both participated in crafting. Litigation on the other hand is an adversarial process. It’s almost always much more costly than litigation – than – excuse me – than mediation. It is not a confidential process. It takes place in open courtrooms. The documents are mostly public records.
If they can’t come to an agreement, they are risking having a judge decide issues such as custody of the children, and child support, and property division. And although their lawyers can make the best arguments about those various issues, ultimately, if the parties can’t agree, it will be decided by a judge. So those are the main differences between mediation and litigation.
Hingham, MA family law attorney Kimberley Keyes explains the differences between mediation and litigation. She states that the primary differences between mediation and litigation center on the nature of the process. Mediation is voluntary, with clients choosing to work together to resolve all issues related to their divorce. It is a confidential process conducted in the mediator’s office with only the parties and the mediator present. The mediator serves as a neutral third party. While many mediators, including those in her practice, are experienced family law attorneys, they do not represent the parties or provide legal advice. Instead, their role is to guide the clients toward reaching a mutually acceptable agreement.
Mediation is generally far less expensive than litigation and often provides a more satisfying experience for clients, as they are directly involved in creating an agreement tailored to their needs. In contrast, litigation is an adversarial process that almost always incurs greater costs. It is not confidential, takes place in open court, and much of the documentation becomes part of the public record.
If the parties cannot reach an agreement through mediation, they risk leaving important issues—such as custody, child support, and property division—to be decided by a judge. While attorneys can advocate strongly on their clients’ behalf in litigation, the ultimate decision rests with the court. This distinction highlights why many clients find mediation a more constructive and empowering alternative to litigation.
