Comparing Mediation to Litigation

Mediation:

  • Assess suitability of marital partners to mediation3293465641_b4732568c1_oedit
  • Locate a compatible mediator
  • Attend meetings to discuss issues and assets
  • Draft Proposed Agreement, which partners take to respective consulting attorneys
  • Attend meetings to finalize and sign Marital Settlement Agreement
  • Prepare divorce pleadings and submit documents to Court

The number of meetings required will depend upon:

  • The number and size of assets;
  • The responsiveness, motivation, and willingness of parties to obtain documents, attend meetings, and compromise; and
  • The responsiveness of experts (i.e. CPA’s, appraisers, QDRO attorneys, and consultants)

Litigation:

  • File Dissolution Petition, causing Automatic Temporary Restraining Orders (ATRO’s) to go into effect for Petitioner
    Serve Petition, causing clock to start on the 6 months required before divorce could be final. ATRO’s effective for Respondent
  • File and serve Response
  • Attend Case Management Conferences
  • Prepare and serve Preliminary Declaration of Disclosures
  • Prepare Pre-trial Motions and attend hearings

Conduct Discovery:

  • Interrogatories (written questions)
  • Depositions of parties and/or witnesses
  • Document demands
  • Requests for admissions
  • Subpoenas to third parties, banks, employers, businesses, credit cards companies, etc.
  • Determine custody and visitation
  • Attend Emergency Custody Screening
  • Mediation for custody or visitation at Family

Court Services:

  • Evaluations and assessments
  • Judicial Custody Conference
  • Prepare Final Declaration of Disclosure
  • Attend Settlement Conference
  • Prepare for Trial
  • Trial
  • Judgment
  • Post-Trial Motions
  • Appeals (if any)