Facing a divorce or custody dispute as a father can be overwhelming in and of itself. Fathers are often concerned about how the court will treat them, the possibility of losing parenting time, or losing their rights in other ways. One of the first decisions a father must make is how he wants the case to be resolved, either through mediation or litigation. A multi-state fathers’ rights, mediation, and litigation lawyer at Stange Law Firm, PC, can help you decide.
The two tracks offer similar results in the form of legally binding agreements, but the processes and outcomes can be very different in scope and scale. Understanding how mediation and litigation compare is critical to making an informed decision about how to proceed.
What Is Mediation?
Mediation is a form of dispute resolution in which both parents work with an independent third party, the mediator, to resolve their differences. Unlike a judge or arbitrator, the mediator does not make decisions or impose a solution. Rather, they facilitate the conversation between parents and help both sides find common ground.
Mediation is a voluntary process, but the goal is for each parent to come to agreements on custody, parenting time, child support, property division, and other matters.
Benefits of Mediation
One of the most significant benefits of mediation is the control that it offers parents. Fathers do not have to wait for a judge to determine how much time they will have with their children or what role they will play in their lives in the future. The goal of mediation is for both parents to shape the outcome together. Mediation can also:
- Create more balanced schedules.
- Decrease conflict and improve co-parenting communication.
- Move more quickly than court cases.
- Maintain privacy for family-related issues instead of making them a public record.
Mediation can cost substantially less than litigation.
Mediation can be an effective process for fathers who want to stay actively involved in the lives of their children and want to avoid an adversarial battle over custody and parenting time.
Potential Downsides of Mediation
Mediation is not the right choice in all situations. If one parent is unwilling to negotiate, provides false information, or otherwise attempts to control the process, mediation may not be productive. Fathers may also feel pressured to agree to terms simply to keep the peace, even if those terms are not favorable. Mediation may also be inappropriate in cases that involve:
- Domestic violence
- Power imbalances
- Repeated legal violations
- Hidden assets
Judicial involvement in these types of cases may be a better way to ensure a father’s rights are protected.
What Is Litigation?
Litigation is the traditional court-based process in which each parent makes their arguments, presents evidence and testimony, and the judge issues binding decisions on any outstanding issues in terms of parenting or divorce. According to the Centers for Disease Control and Prevention, the marriage rate in the United States was 14.9 per 1,000 women over the age of 15. The divorce rate was 6.9.
Litigation has been portrayed in an increasingly negative light, but it is an important tool that is necessary when cooperation is not possible.
Fathers who are concerned that their rights are being overlooked or diminished may find it beneficial to enter litigation to ensure that the court takes their position under the law into consideration. Litigation can be a critical process for fathers who need:
- Parenting time enforced
- Court intervention in cases of parental alienation
- Formal discovery of a spouse’s financial information
- Protection from false allegations
Judges must apply the relevant state laws, which are shifting toward a recognition of the importance of both parents continuing to be involved with their children after a divorce. The legal system in many states will start from the position that ongoing involvement with both parents is in a child’s best interest.
Which Option Is Beneficial?
Every case is different, and there is no one-size-fits-all answer. Mediation may be the most beneficial choice when parents are willing to work together and put their children first. Litigation may be required when one parent consistently refuses to follow through on agreements, works to turn children against the other parent, or otherwise attempts to take unfair advantage of the process. Many fathers choose a hybrid approach.
FAQs
Q: What Is the Main Difference Between Mediation and Litigation?
A: The difference between mediation and litigation is who gets to decide the outcome. In mediation, parents make their own decisions, with the help of a neutral mediator. In litigation, a judge decides the issues that parents can’t resolve after a more formal court process. Mediation is usually more cooperative and creative; litigation is more formal and combative, with decisions that can be enforced by the court.
Q: Can Fathers Still Have a Lawyer if They Go Through Mediation?
A: Yes, fathers can and should have an attorney even if they use mediation. An attorney can help prepare for mediation, review proposed agreements, and ensure your rights are protected before anything is signed. It’s always better to get legal advice, so fathers don’t agree to something that would unintentionally limit their parenting time or authority.
Q: Is Mediation Legally Binding?
A: Mediation is not binding, but the agreement can be made into a binding order. If both parties reach an agreement in mediation, they can have the agreement reviewed by their own attorney for that purpose. If it is written and signed by both parties and is approved by the court, it will be as enforceable as an order of the court.
Q: Can a Case Start in Mediation and Later Proceed to Litigation?
A: Yes. There are many cases that start out in mediation and shift to litigation if agreements are not reached. This is a good way for fathers to try to work it out and keep open the option of court intervention should it become necessary. An attorney should be present throughout so as to facilitate this process and be sure that your rights are protected at all stages.
Contact Stange Law Firm, PC, Today
If you are a father and/or going through a divorce and are considering either mediation or litigation, a lawyer at Stange Law Firm, PC, can help you in the legal process. Contact us today to get started.