Divorce is an emotionally taxing and complex issue in family law. When couples decide to divorce, selecting the right path for their divorce is crucial. There are two basic methods for separation: mediation and litigation. The legal authorities of Boston specify its rules and regulations for both procedures, as listed on its website.
A family lawyer is an expert who can provide valuable advice on which path the couple should follow. Each approach has pros and cons, but the choice between them significantly depends on the contestants.
Mediation
The couples are advised to sit with a neutral mediator apart from their attorneys in mediation. A mediator is a legal expert who facilitates dignified conversation between the parties. They encourage open dialogue and full disclosure of their interests and circumstances. Unlike a judge, the mediator identifies common grounds and helps the parties reach their agreements.
Features of Mediation
Private Mediation sessions are conducted outside the courtroom. It involves the parties with their attorneys and a mediator. The details are unrecorded as a part of the public records.
The parties retain control over the final accord rather than having a judge impose a ruling. Mediation is often less expensive and time-consuming than litigation since it requires less attorney expenses and court appearances.
Mediation fosters a cooperative environment wherein both parties can disclose their perspectives and reach a common ground for agreement. This process helps maintain a civil relationship between the parties.
Drawbacks of the Mediation Process
Mediation does not establish legal precedent or result in binding court orders unless the agreement is established in court. Both sides must agree to participate in good faith. If one party is not cooperative and honest, mediation may not be effective. Mediation may be inappropriate in cases of domestic violence or significant power disparities.
Litigation
When couples cannot resolve their dispute outside the court, and legal barging is required, they opt for the litigation process. A series of legal proceedings follow, and the couple should attend the courtroom sessions in front of a judge. Family law attorneys of Boston represent them during the trials.
Features of Litigation
In a divorce case in which one party is unwilling to cooperate, litigation is beneficial because it forces them to abide by the court orders. The court orders approved by the jury are legally binding and enforceable. Litigation can establish legal code of conduct and particularly helpful precedents for post-divorce modifications.
In cases where a substantial number of assets are involved, child custody is being contested, or marital properties need to be divided among parties, litigation can be selected as the path for divorce.
The arguments presented by both parties are thoroughly discussed in the trials, and lawyers represent their client’s interests and goals. The judge plays a crucial role in providing a resolution after investigating important information presented by the attorneys.
Drawbacks of the Litigation Process
Litigation is often more expensive due to legal fees, court costs, and the length of the process. Court matters can take a long time to conclude, resulting in prolonged stress and uncertainty. The adversarial nature of litigation can escalate problems and disrupt especially detrimental relationships when children are involved. These court proceedings are subjected to public records.
Conclusion
The nature and complexity of a divorce case are detrimental to choosing the right path for separation. The lawyers in Boston can significantly determine the choice between mediation and litigation. The mediation process is adopted by spouses aligned with their interests who can cooperate to find common ground for divorce.
However, suppose the couples are unwilling to work together, and the situation involves complex scenarios such as – child support, spousal assistance, alimony charges, and property disputes. In that case, the traditional litigation process comes to the rescue.
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