Pros and Cons of Mediation vs. Litigation in Family Law

If you’re facing a family law case, your rights are at stake, which makes strategizing the best path forward paramount. While mediation is a client-driven process that offers many advantages, there are instances when litigation is a better option. Consulting with our experienced Charleston family law attorney at Martin Murphy Law early on can make a big difference in the outcome of your case.

Your Charleston Family Law Case

Family law cases in Charleston are all heard at the Charleston County Judicial Center. While your case will be specific to your unique situation, most family law cases in South Carolina fall into categories like the following:

• Divorce and the specific terms of divorce, including child custody, child support, the fair division of marital property, and alimony
• Post-divorce modifications
• Child custody and child support cases between parents who were never married
• Prenuptial and postnuptial agreements
• Name change in a divorce
• Adoption

Mediation and the Associated Benefits in Charleston

The primary benefit of mediation is that it keeps your case out of court, which means that you and your divorcing spouse or ex retain the authority to make critical decisions for yourselves.

Additional advantages include all the following:

• Mediation is less expensive than litigation.
• Because it’s not dependent on the court’s busy docket, mediation is less time-consuming than litigation.
• Mediation offers considerably more privacy than litigation – court records are a matter of public information.
• Mediation allows the involved parties to turn down the heat on their cases, which serves everyone’s best interests – including any shared children.

The Mediation Process

Mediation involves both parties coming together with their respective family law lawyers in an attempt to hammer out mutually agreeable terms. A professional mediator who serves as a neutral third party facilitates the process, and their job is to move the discussion forward with an eye toward compromise.

The mediator does not, however, offer advice, voice their opinions, or insert themselves into the negotiation process. Many people find mediation very motivating because it’s generally considered the last stop before litigation.

When Litigation Is a Better Option

The goal of every family law case is to walk away with terms that support your rights, and no amount of convenience or savings can make up for a less-than-satisfactory outcome. If any of the following factors apply to your family law case, heading directly to litigation is generally the better, and sometimes safer, option:

• If there is a history of domestic violence or abuse
• If there is a serious power imbalance involved
• If you have credible concerns in relation to financial fraud, such as spending down or hiding marital assets
• If the other party involved has a habit of not following through with agreements between the two of you
• If the other party is more interested in thwarting your attempts to negotiate than they are in meaningful compromise

Our Experienced Charleston Family Law Lawyer Is on Your Side

Martin G. Murphy, Jr., is our seasoned Charleston family law attorney at Martin Murphy Law, and he is committed to skillfully guiding you toward a favorable case outcome – whether that means through mediation or litigation. Learn more by contacting us online or giving our firm a call at 843-809-0232 today.