Divorce Mediation vs. Litigation: Which Is Right for You?

Couple arguing in front of lawyers

Divorce is a difficult and emotional process, and it can be hard to know what steps to take next. Many couples wonder if they should try mediation or go straight to litigation. In this post, we'll examine the differences between divorce mediation and litigation, and provide useful tips to help you decide which option is right for you.


Mediation is a process where a neutral third-party mediator helps the couple come to an agreement on the terms of their divorce. This method is often less stressful and less expensive than litigation, and it gives the couple more control over the process.

Here are some tips to help you decide if mediation is right for you:

1. Are you willing to compromise? Mediation requires both parties to be willing to work together to find a solution that works for everyone. If you're not willing to compromise, mediation may not be the best option for you.

2. Do you want to maintain a relationship with your ex-spouse? Mediation can help preserve a working relationship between ex-spouses, which is especially important if you have children together.

3. Do you want to save money? Mediation is often less expensive than litigation, and it can save you thousands of dollars in legal fees.


Litigation is a more traditional approach to divorce, where each party hires their own attorney, and the case goes to court. This method can be more time-consuming and expensive than mediation, but it can be the best option in certain situations.

Here are some tips to help you decide if litigation is right for you:

1. Is your case complex? If your case involves complicated financial or custody issues, litigation may be the best option. A judge can provide a resolution that is in the best interest of everyone involved.

2. Is your ex-spouse uncooperative? If your ex-spouse is unwilling to compromise or negotiate, litigation may be necessary to protect your interests.

3. Do you want an advocate on your side? Litigation involves each party having their own attorney, who will advocate for their client's interests in court.

In Conclusion

Deciding whether to use mediation or litigation can be a difficult decision, but the right choice depends on your individual situation. If you're unsure which option is right for you, consulting with an experienced divorce attorney can help. At Winter & Grossman, PLLC, our skilled family and matrimonial attorneys are dedicated to helping our clients navigate the divorce process with as little stress and expense as possible. Contact us today to learn more.

Call (516) 447-8977 now or send us a message online.