There are many different choices and options presented by divorces, specifically high net worth divorces. The benefits of each different path may not be immediately obvious, and many times the circumstances of the divorce will present wrinkles that better suit the case to a certain form of resolution. Specifically, in the case of litigation vs. mediation, many may wonder whether it is better to proceed straight to court or find a settlement through mediation.
Each path presents unique benefits and challenges. For high net worth individuals, however, choosing the method of resolving a divorce dispute may mean the difference between great financial loss and financial security. Understanding the differences between each method may be key to preserving wealth.
Consider speaking with a skilled South Carolina family law attorney from King Law Offices for more information. Consider scheduling a consultation by calling the office at (888) 748-KING.
What is a Litigated Divorce?
When it comes to litigated vs. mediated divorces, understanding the terminology and its significance may help clarify the details of a specific divorce case. In simple terms, a litigated divorce is when the divorcing couple cannot come to a mutual agreement on how to divide such things as parenting time or child custody, equitable distribution of marital assets, or spousal support. When couples are unable to resolve these differences outside of court, they may defer to the authority of a judge who will use the guidelines of state and federal law to come to an equitable decision.
Litigated divorces are also sometimes called contested divorces, as one or more parties are advocating for a certain outcome over another. Generally, litigated divorces will involve a petitioner, the one who files for divorce with the courts, and the respondent, the party who is responding to the summons. A fully litigated divorce will generally end in a trial in the family courts, where the judge will decide on the contested matters.
Divorce Mediation
Divorce mediation, however, is an alternative route to litigating a divorce. This method allows couples to work out their differences and disagreements about the marriage settlement with the help and advisement of an impartial third-party mediator. Unlike litigated divorces, if the divorce settlement can be resolved in mediation, the case does not go to court and may save both parties much time, money, and heartache.
Divorce mediation is considered alternative dispute resolution (ADR) by the South Carolina Bar, which means it is a method of agreeing on a legal matter without involving the courts. Alternative dispute resolution may be preferable for some divorces, including high net worth divorces, as they allow for greater control over the proceedings and may cost less than hiring a lawyer for court representation.
For more information on alternative dispute resolution (ADR), consider speaking with a skilled South Carolina family law attorney from King Law Offices.
Key Differences in Litigation Vs. Mediation
When debating litigation vs. mediation, one must consider the differences and challenges of each method. Certain methods may lend themselves to certain cases, and understanding the nuances of the South Carolina Legislature’s divorce statutes may help clarify which option is best for high net worth divorces or other situations.
Control of Decision Making
One of the primary differences between litigated divorces and mediated divorces is the control of the decision-making. In litigation, control of the final decision is surrendered to the judge. A large part of the judge’s duty as a civil servant is to understand the law and apply it to cases in the most equitable way possible. Due to the dispute between spouses that led to the litigation in the first place, control is given to the judge to avoid further conflict and ensure an unbiased result.
However, for more unique situations in which divorcing spouses have different desires for specific outcomes, mediation may allow for greater control of the outcomes. Mediation does not proceed in court, therefore so long as both parties agree, the settlement does not need to follow normal processes of decision making in court.
Presence of Legal Counsel
The role of legal counsel varies in litigation vs. mediation. In litigated divorces, it is not uncommon for each party to have their legal counsel to advocate for them in court. This helps even the playing field and may ensure a more fair result. However, mediation does not explicitly require the presence of legal counsel. While counsel is allowed, the role lawyers take in the process may be different from that of a trial lawyer.
Cost Effectiveness
Additionally, the costs present in litigation vs. mediation may vary widely. Litigation can often be a lengthy and sometimes costly endeavor. Costs may involve fees and other charges, the cost of hiring a trial lawyer, and the extended time frame of a litigated divorce. Mediated divorces can often move much faster, and mediator fees are often much less than that of a lawyer. These combined factors often make mediation a much cheaper option than litigation.
Impact of Mediation on High Net Worth Divorces
A skilled mediator for high net worth divorces may help guide the negotiations without making decisions for the divorcing couple. They may also involve financial experts and advisors to explain and break down the worth of certain assets, which can be helpful in the case of hidden assets or hard-to-value assets like businesses, antiquities, or real estate.
High net worth divorces may be complicated and confusing, especially when emotions and tensions run high. Having an impartial third party who can help mitigate these strong emotions and advocate for moving forward practically may help ease these tensions and provide a path forward. Mediation may help guide discussions in a productive manner, which may help reduce conflict and lead toward a more agreeable conclusion for both parties.
Contact a South Carolina Family Lawyer Today
High net worth divorces are serious and challenging, as they often involve great financial stakes as well as emotional pain. Understanding how to navigate such situations may be able to help avoid unnecessary conflict and help divorcing couples move on. Therefore, when it comes to litigation vs. mediation, the particulars of the situation may be better suited to either option. A skilled South Carolina family law attorney from King Law Offices may be able to help clarify which path to take. Schedule a consultation today by calling the office at (888) 748-KING.