How Is Mediation Different From Litigation?

In any litigated divorce, your attorney starts a lawsuit against your spouse. This is automatically a win or lose proposition.  Because mediation is focused on win-win solutions, any negotiations are usually carried out under the threat of additional litigation. 

Most divorces are eventually settled out of court, but how the parties get there are influenced by what the parties think the judge would do at trial. Some divorce actions are resolved only after a trial, with the judge making the final division of assets and the post-divorce plan for the parties and their children.