view our Practice areas

Mediation versus litigation: What's the difference?

Mediation and litigation are two legal processes that can serve useful in a variety of disputes. Both are available for divorce.

Mediation is a process that is designed to encourage each party to negotiate a settlement that will work best for their unique situation. Litigation, in contrast, is a process that involves a court reviewing the case and making a determination for the couple. There are pros and cons to each. As such, it is wise for couples that are moving forward with a divorce to consider both options.

Why should I consider mediation? A study in the publication Conflict Resolution Quarterly titled Divorce Mediation Outcome Research: A Meta-Analysis, notes that the mediation process often results in a unique agreement. The agreement may be outside of typical divorce settlements because it is tailor made for the couple. It does not focus on what the court would deem just, but instead on what would work best in this specific situation.

Mediation can also be beneficial as it generally costs less than traditional litigation. The Pearson and Thoennes's Denver Custody Mediation Project found couples saved an average of $680 by using mediation.

In addition, mediation can take less time to complete than traditional litigation. The Emery, Matthews, and Wyer's Charlottesville Mediation Project provided data on time saved during this process, noting the average couple was able to complete the mediation process 2.5 to 3.5 months more quickly compared to litigation.

Why should I consider litigation? Although there are many benefits to mediation, there are some situations that are most successful with litigation. Examples include divorce proceedings that are very high conflict and those that involve parties that will not be able to negotiate an agreement. In some cases, couples with assets that are difficult to divide may also benefit from litigation.

What's right for you? When it comes down to making a determination for your future, it is wise to seek legal counsel. An experienced attorney can review your unique situation and provide guidance that will help to better ensure a process that preserves your needs.

No Comments

Leave a comment
Comment Information

We Listen, We Help, We Care

  • Hi Yuliana and Attorney Prince, Thank you so much for taking time out of your busy day to meet with me. I really appreciated how compassionate you were while listening to my situation, even through my tears. Thank you so much for sharing such valuable information with me. I left feeling very hopeful that when the dust settles, I’ll be ok.
  • Wendy helped guide us through a very difficult and emotional process and was really able to provide an even and fair account for both parties. It's quite evident in her expertise in this area but the way she was able to make you feel safe and secure in a very insecure time goes far beyond her legal prowess. If the two parties are really willing to cooperate and collaborate, she's there to help gain the best possible solution for all involved, especially if there are children.
  • Regardless of how committed one is to the fact that divorce may be imminent and necessary, it is truly one of the most emotional and stressful situations one can experience. It can also be daunting. Wendy has a remarkable ability to cut through the noise and help you focus on the big picture while drilling down on what is most pertinent to your particular situation., they are a formidable team who work collectively with your best interests in mind.
Email Us For a Response

Let Us Help You Move Forward

Call The Prince Law Group, LLC, in Stamford, Connecticut, at 203-977-3700 or contact us online to schedule your complimentary consultation with one of our lawyers. We will accommodate your schedule with an evening appointment. Spanish translator services available.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Prince Law Group BBB Business Review
Review Us

1 Atlantic Street
6th Floor
Stamford, CT 06901

Phone: 203-653-8483
Stamford Law Office Map

The Prince Law Group

Valet Parking at the Marriott Courtyard

Flexible Hours – Evening Hours Available by Appointment

Walking Distance to the Stamford Train Station