Mediation vs. Litigation: Which Is Right for Your Family?

In this episode of For Better or For Court: Family Law in New Jersey, attorney Alix Claps, partner at Heymann and Fletcher and a certified matrimonial law attorney, breaks down the two main approaches to divorce—mediation and litigation. She explains how each process works, the key differences, and when one path may be more beneficial than the other. Alix provides insight into how mediation can help families resolve disputes more quickly, creatively, and cost-effectively compared to court litigation, while also addressing common misconceptions about when mediation can be successful. She also outlines the limits of litigation, why judges are restricted in the decisions they can make, and how mediation often helps parents craft more personalized solutions. Whether you’re considering mediation, preparing for court, or unsure which direction is best, this episode offers clear, practical guidance to help you move forward in your divorce process. Key Timestamps 00:40 – The difference between mediation, litigation, and arbitration in divorce 02:05 – How mediation can work even in contentious or high-conflict cases 04:15 – What mediation looks like in practice and when the court requires it 05:30 – How litigation limits creative solutions for families 06:20 – Why mediation is almost always a useful tool 07:05 – The timing and cost advantages of mediation 08:20 – What happens if mediation doesn’t work and you still need court 09:05 – The role of attorneys and other professionals in mediation 09:30 – First steps for deciding between mediation and litigation About the Show For Better or For Court: Family Law in New Jersey is a podcast hosted by family law attorney Alix Claps of Heymann & Fletcher. Each episode offers practical legal guidance on divorce, custody, and family law matters in New Jersey. Designed for individuals navigating difficult decisions, the show breaks down complex legal processes into clear, compassionate advice—helping you feel informed, prepared, and supported every step of the way.