Should You Litigate or Mediate?

When it comes to divorce, most people imagine the absolute worst to happen legally and emotionally. We hear about terrible divorces from our friends and the news, and we see stories in movies about heartbreak that typically involve a couple’s legal combat in the courtroom.

“Marriage Story” starring Scarlett Johansson and Adam Driver has been praised by divorce lawyers for its realistic portrayal of real dynamics of litigation. In the movie, we learn that the legal system of divorce makes it difficult to reach a true win-win. It illustrates how divorce litigation is anything but just paperwork and facts. It shows why people who used to love each other eventually pursue the course of damaging one another’s reputation and credibility as much as possible in order to attain the settlement they are seeking.

3 Women in Suit Sitting

As such, audiences come away from the movie with being unable to pinpoint either person as the real villain or hero. Rather, the characters are recognized as being complicated and messy people who love each other but do not belong together. Despite the couple reaching many points of anger and exhaustion, it is evident that at no point does the couple ever truly hate one other. Rather, they are forced to their breaking point because of how challenging it is to navigate the difficult and convoluted process of divorce litigation. Moreover, we see how the combative nature of the litigation prompts lawyers to act overtly mean and invasive in order to win.

As you know, we write for the conspiracists and skeptics. We like to consider new and better alternatives to the norm. So this article is to question the narrative of divorce being the awful bureaucratic experience that it is commonly portrayed as. What if there was another way? A more friendly, fair, and communicative way?

Consider mediation. When it comes to choosing between a mediator or a family law attorney, most people prefer mediation because it is less antagonistic. Many people suffer physical health consequences because of the stress that arises through litigation in public court. In mediation, a neutral third party facilitates a resolution communicated by and agreed upon by both parties privately. Unlike a lawyer whose objective is to win a case, a mediator’s goal is to bring both parties to an agreement to what really matters: the division of assets, liabilities, and custody schedules.

McNamee Mediations is a divorce and family mediator who has been recognized as an expert Newport Beach, California. Colleen McNamee is unlike any divorce mediator we’ve reviewed. When it comes to divorce, most people don’t expect to fall in love again right before it becomes final. But some of Colleen’s clients have even reconciled during mediation instead of finalizing their divorce! She has over forty 5-star reviews on Yelp, which is astounding!

Mediation might be the right fit for you if you are looking for an alternative to litigation. If you are considering a divorce, you can give McNamee Mediations to inquire about their services.

McNamee Mediations
4590 MacArthur Blvd Suite 500, Newport Beach, CA 92660, United States