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Divorce Litigation VS. Mediation


Many couples who have recognized their relationship is no longer workable and are ready to begin separation proceedings are unaware that they have multiple options when it comes to divorce. With traditional litigation being the only option popularized by contemporary media, this avenue is commonly viewed as the only possibility for legal remedies to their partnership.

Fortunately, in recent years more amicable and less destructive means of ending their legal relationship have begun getting more publicity. Mediation, the most broadly applicative of these alternatives, presents many advantages over traditional litigation.

Some of the advantages of mediation over divorce litigation are as follows:

  1. Cost – mediation, on average, costs anywhere from 40 to 60% less than traditional litigation. While costs vary from state to state, litigation can go for as much as $15,000 to $40,000 in attorney fees alone. Mediation, on the other hand, can cost as little as $1,500 to $3,000 – 10% or less of the price of litigation.
  2. Psychological Stress – Much of the reason for the lower cost is due to the lower levels of acrimony in the proceedings. With the neutral mediator presiding primarily as a negotiator and counselor, couples work together to solve the issues that come up and reach a more personally satisfying conclusion, rather than being pitted against one another by their attorneys to drive up time costs. This has the added benefit of…
  3. Reducing Family Costs – Divorce is possibly the most psychologically traumatic events of a child’s life, especially with the ensuing tense or even hostile relationship between parents once litigation has concluded. With the more collaborative process of mediation, child custody and interests are determined by the parents together, rather than on gamesmanship played by lawyers to leave their client in the most advantageous position.
  4. Time – possibly the biggest advantage of mediation over litigation is the rapidity of its results. Litigation can take months, if not years, as each party fights the other tooth and nail over every small point of interest. Mediation takes, on average, 4-10 weekly sessions, making it far easier for couples to move on with their lives after the process has concluded.

Mediation is the ideal choice for couples who are looking to amicably end their legal relationship and ensure that their families are not irreparably damaged by the process. The success of the process, however, is highly dependent on a number of factors, the biggest of which is the skill of the mediator.

In southern California, one of the most successful and highly rated mediation firms is McNamee Mediations, a firm that has been resolving domestic dissolutions for two decades. Over the years, McNamee has successfully mediated for hundreds of couples, leading to healthier outcomes for both the couples and their families.

If you reside in southern California and come to the conclusion that your spousal relationship is no longer tenable, we recommend that you forego the litigation and instead seek out a family law mediator. With her firm’s record of success and the general happiness of her clientele, getting in contact with Coleen McNamee may be the best bet for a more fruitful future for both yourself and your family.

McNamee Mediations

+19492233836

4590 MacArthur Blvd Suite 500, Newport Beach, CA 92660