Divorce Attorney in Stony Brook NY Explains How Mediation and Litigation Differ

A divorce attorney in Stony Brook New York can explain that different options are available to resolve legal issues involved in divorce, including mediation and litigation.  These two approaches are very different from one another and should be applied in different situations.  Some of the differences a divorce attorney in Stony Brook New York can explain include:

Different Focus

In litigation, the focus is on resolving past issues, such as determining the classification of separate property or marital property.  Litigation applies law to the facts involved and results in a standard court order.  It also has a forward focus in terms of how parents will share custody of their children.  However, mediation often focuses solely on future goals of the parties rather than focusing on previous grievances.  Additionally, the parties may focus on what is best for their children, even if a court may have come up with a different resolution.  In litigation, the court may only focus on limited issues in order to determine the legal resolution.  In mediation, the parties may consider additional factors that are not contemplated by the courts.

Control of Outcome 

A significant difference between litigation and mediation is who gets to decide the outcome of the case.  In litigation, the judge makes the ultimate ruling and imposes an order on the parties.  In mediation, the parties come up with their own agreement.  They do not settle the case unless they both agree to the terms of the agreement.