Divorce Mediation Instead of Litigation | Here’s What to Know

A person signing a divorce decree document with a golden pen, finalizing the legal proceedings of a same-sex marriage dissolution in New York.

In some cases, when a couple is seeking a divorce, they may want to go through the proceedings outside of the courtroom. One of the most popular options outside of the courtroom is mediation. The process that occurs inside the courtroom is litigation. There are many factors to take into consideration when choosing which process to use. Filing for divorce can be overwhelming, so let us help you and reach out to an experienced Nassau County divorce lawyer for assistance.

What is mediation and what are the benefits?

Mediation is a process that involves a neutral third party who will assist the spouses in finding a solution that works for both party’s best interests. The following are the top benefits of using mediation in New York:

  • Mediation can be shorter than litigation. The length of mediation relies on the couple and will only take as long as they need to settle their marital issues.
  • Spouses have control over making their own decisions. The court does not decide.
  • Mediation is more cost-effective than going to trial.
  • The information discussed during the mediation is kept confidential.
  • The environment of mediation promotes open and honest conversations.
  • Mediation is voluntary and can stop at any time.

What is litigation?

Litigation is the most common method of obtaining a divorce. This can also be referred to as a contested divorce in which the spouses cannot agree on how to resolve particular issues. A judge decides on every condition of settlement. This process begins when one party files a complaint with the court, after which the court system sets a schedule for proceedings. Couples can settle at any time, but in reality, once couples have started a litigated divorce most people follow through with the process.
Which option is better?

Everyone’s situation is different. But mediation is usually the faster and less expensive route for couples looking to get divorced. However, to achieve this both parties have to be willing to come to agreements on the terms of their divorce in order for it to be effective.


Barrows Levy PLLC is a dedicated New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you require a lawyer who has notable experience handling family and estate planning matters, we are available to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

Contact Us Today!
  • This field is for validation purposes and should be left unchanged.