What Is Divorce Mediation vs. Court Representation

It is not uncommon for a couple contemplating divorce to affirm to each other that they will keep their divorce amicable – both to save money and their emotional well-being.  With these earnest intentions they use terms like mediation and non-adversarial to commence their search for mediation services to lead them through their divorce without rancor.

Mediation is an excellent choice when both parties are willing to lay all their cards on the table and be transparent.  But underlying these good intentions, there is often a sliver of doubt about the trustworthiness of the other spouse. You are, after all, getting a divorce.  Mutual trust is likely low. With such doubts, it is natural to try to establish a level of protection just in case mediation isn’t successful.

Such concerns are valid, and you would be foolish to ignore the difficult reality of achieving a financial settlement (and a parenting plan if you have children) without some disagreement during the process, knowing that the alternative to mediation is litigation.  But being realistic about the difficulties of traversing the mediation path doesn’t mean you are sabotaging the process. As with everything in life, it simply means you should have a back-up plan.

Many firms offer both mediation and litigation, but not all of them are equally strong in both services. Cage and Miles has a deep roster of attorneys who can fill either the role of mediator or an advocate to represent you during the mediation process. If you choose one of our mediators, they will serve as a neutral to work with both parties to achieve settlement.  Conversely, if you choose one of our skilled litigators, they can counsel you “behind the scenes” as you analyze the options presented during mediation to ensure you are making the best choices for your personal circumstances.  If mediation is ultimately unsuccessful, you have the back-up plan already in place, which is to expand the scope of services for your attorney to fully represent you in court proceedings[1].

Remember, if mediation is not successful, you will be faced with the prospect of arguing your case in court (often aggressively) - including hearings, a trial and occasionally appealing final orders. But if you do end up on the path to litigation, you will have a final opportunity to attempt to negotiate a settlement in the court system via the process of a Mandatory Settlement Conference.  It takes a skilled attorney to step in to advocate for their client in a case that has gone sideways.  Having an attorney ready to represent you in court, who is already briefed on the facts of your situation from counseling you during mediation and who is an expert in the nuances and intricacies of family law is your best back-up plan.  

Cage & Miles family law attorneys serve as mediators and litigators throughout all of San Diego County, Los Angeles County, Riverside County, Orange County, and San Bernardino. No matter where you are in California, we advise clients on all the options available given their specific circumstances.

[1]Note: it would be a conflict of interest to retain one of our mediators as your neutral and one of our litigators to represent you, so it will be necessary to choose one or the other from our firm and use a different firm for the other role.