Divorce Mediation vs. Litigation in Orange County, California

Last updated on September 4, 2024

The method you use in your divorce, custody dispute or another family law matter can have a significant impact on the outcome. It will also affect your finances and your relationship with your ex.

At Minyard Morris, we understand this firsthand because we have represented thousands of Orange County clients in both litigation and mediation. With more than 270 combined years of experience, our family law attorneys understand the many nuances of alternative dispute resolution, trials and when to use each method strategically to protect your best interests.

Which Method Is Right For Me?

Determining whether to pursue mediation or litigation depends on a variety of factors. Family law mediation and traditional litigation have their benefits and their drawbacks:

• Mediation pros:
  • Private
  • Cost-effective
  • Amicable
  • More control over the outcome
• Litigation pros:
  • Power to subpoena the other party’s records
  • Resolve disputes too complex for mediation
  • Do not have to compromise on certain issues

Generally, it is wise to attempt mediation first. However, mediation is not for everybody. When you have certain priorities you are determined to uphold, or items in your divorce you simply will not budge on, mediation may be inefficient and a waste of resources. At Minyard Morris, we let clients know that if they choose to pursue mediation, they need to prepare to give 51% to the other side. If they are unwilling to do so, they may as well pursue litigation from the start.

If mediating a dispute does not work, or if you have one or more issues in contention, a traditional trial might be a better fit. Litigation does not necessarily have to involve an aggressive bulldog approach. Often, it is the more effective way to resolve complex disputes that resist mediation.

Discuss Your Options With Our Orange County Mediation Lawyers

When you are going through a divorce or other family law concern, the attorneys at Minyard Morris have the knowledge and experience to aid you in making the right decisions. You can speak with one of our lawyers about whether to pursue litigation or mediation. To begin, schedule your free consultation by calling our Newport Beach office at 949-724-1111 or by using our online contact form.