Divorce Mediation Vs Litigation: Which is Better for Couples in Arizona?

Feature Article: The Benefits of Divorce Mediation Vs Litigation in Arizona

Divorce is an emotionally and mentally draining process. Couples often go through a lot of stress, pain, and emotional turmoil when their marital relationship breaks down. When it comes to divorcing, couples often find themselves at crossroads when deciding between mediation and litigation. While divorce litigation is widely known and used, divorce mediation is gaining momentum in the modern era.

Divorcing couples who anticipate an amicable and mutually beneficial settlement should consider mediation as a viable option. Otherwise, the adversarial litigation system remains the only option. This article highlights the benefits of divorce mediation versus litigation in Arizona.

The Benefits of Divorce Mediation

Divorce mediation is an alternative dispute resolution method. Here, couples work with a neutral mediator to reach a mutually agreed-upon settlement. Unlike litigation, the mediation process allows couples to discuss and arrive at creative solutions that work well for both parties. Here are some benefits that make divorce mediation the best choice for separating couples.

More Amicable

Unlike litigation, which is often adversarial, divorce mediation focuses on helping couples with respect and cooperation. The mediator's role is to facilitate constructive communication between the parties to come up with a mutually beneficial agreement. The mediator ensures that both parties are heard and that they reach a consensus on their issues. When both sides are equally involved in discussions, the outcomes often become more favorable for both parties.


The mediation process is private and confidential, and the mediator is required to maintain confidentiality. This privacy means that unique ideas or agreements discussed in mediation cannot be used in court without both parties' consent. Therefore, couples can talk openly without fear of such statements being used against them in litigation.

Flexible and Creative Solutions

Mediation participants have the freedom to craft an agreement that works well for both parties. In contrast, trial judges are limited to assessing an either/or alternative of limited options provided by the legal system. Furthermore, the mediator actively assists the couple in considering their relevant needs, financials, and futures to ensure they become more realistic, fair, and equitable.


Mediation usually involves one or more sessions with a mediator and outside third-party specialists as needed, such as child custody evaluators, parent coordinators, appraisers of assets, and tax experts. However, the total cost of mediation is typically far less compared to going to trial. A mediated divorce can save a couple thousands of dollars, making the process more affordable for both parties.

The Benefits of Divorce Litigation

At times, couples reach a point where mediation becomes impossible, ineffective, or unsuitable for their divorce. In such cases, litigation becomes the only viable option. Here are some critical benefits of divorce litigation.

Emotional Distance

In litigation, the proceedings are typically conducted through an attorney. This attorney can provide a necessary emotional distance during the stressful process of divorce. The attorney can look at the case objectively, provide guidance, and ensure that everything is done according to the law. While this “emotional distance” may be a disadvantage in cases where the spouses need to continue co-parenting, it can be a benefit for acrimonious couples who cannot effectively communicate.

Court-Enforced Decisions

When couples go to trial, a judge will decide on all outstanding issues if the parties are unable to reach an agreement. While couples may agree on some issues, some may require a judge's intervention to reach a final decision. Going to trial guarantees a decision even if the decision is not one would have hoped.

Access to a Range of Tools

During litigation, couples have access to a range of tools such as discovery, subpoenas, interrogatories, hearings, and more. These tools can help gather evidence during the trial and can end up changing the course of the trial. Mediation can sometimes lack the ability to force the other party to produce required information, which can be a concern for some.


Divorce is a painful and difficult process, but it does not have to be expensive or unnecessarily adversarial. Both mediation and litigation have their pros and cons, and each couple's situation determines the best way forward. Couples who want to work together and come to a mutually beneficial agreement should attempt mediation. However, in cases where there is a high level of disagreement, litigation is sometimes inevitable. Regardless of the approach, it is essential to work with a qualified attorney who provides the necessary guidance and support in navigating the divorce.

If you are getting a divorce in Arizona, you need an experienced attorney who can help you decide which approach is best suited for you. Contact Denovo Law, PLLC, for help. Divorce Mediation Vs Litigation in Arizona-Divorce,Divorce.

Post a Comment