Is mediation different than litigation?


  • A mediated divorce is a settlement achieved outside of the courthouse together with the mediator, another party, a neutral party, that works with the couple, usually in the mediator’s office, to facilitate an agreement.
  • The purpose is to resolve all of the issues, and put that agreement in writing, and submit it to the court in what later becomes known as an uncontested case.
  • Litigation assumes a court proceeding without mediation. In a court proceeding you go to court, and seek a resolution through the court procedures through either hearings before a judge or with settlement negotiations conducted with the assistance of attorneys or members of the Family Relations Division of the court.