Understanding Divorce Litigation versus Mediation
Hi, I’m Tulsa divorce attorney Keith Flinn. Well, this is a complex case-specific question. In some cases, there is really more or less distance between the parties as to whether it be the marital estate or custody planning. There are also cases involving financial issues like valuation of businesses or emergency custody issues or collateral proceedings such as a protective order, and these things might make litigation more necessary.
Now, one thing is always true in contested proceedings. Litigation is a strategic means to get leverage at the negotiating table. That being said, mediation is a cost-effective and, frankly, a great opportunity to resolve some or all of the issues in the divorce, and that’s great because agreed provisions of the decree see greater rates of compliance, and this reduces the costs of litigation for post-decree proceedings.
Benefits of Mediation
It’s important to note that while issues such as division of the marital estate and spousal support are generally going to be final in a divorce decree, both child custody and child support are dynamic, variable issues that will change based upon or can change based upon circumstances and or the income of the parties. So in short, mediation is a great opportunity, but litigation is often necessary to acquire the best possible deal at that table.
Interested in Learning More?
Thanks for watching, I’m Tulsa family law attorney Keith Flinn. If you’re facing a divorce and unsure whether litigation or mediation is the best route for you, give me a call at 918-770-7117 for a low-cost consultation. Let’s discuss your options and find the best solution for your situation.