Mediation vs. Litigation: Choosing the Right Path for Your Family in 2026
Every divorce or custody case in Virginia comes with one common question: “Do we have to go to court?”
For many families, the answer is no.
While litigation is sometimes necessary, more couples today are choosing mediation or collaborative law to resolve their issues with less stress and more control.
At the Law Office of Li-Shann Durst, PLLC, we help clients in Ashburn, Loudoun, and Fairfax Counties understand their options — so they can make informed choices about how to move forward.
Here’s how these two paths differ and how to decide which may be right for your family in 2026.
What Is Mediation?
Mediation is a structured, confidential process where a neutral third party — the mediator — helps spouses or co-parents discuss and resolve disputes.
Mediators don’t make decisions; they guide conversations toward agreement.
Mediation can address:
Property division and debt allocation
Spousal and child support
Custody and parenting time
Communication and decision-making plans
Benefits of mediation:
Less adversarial and more cooperative
Confidential (unlike court proceedings)
Often faster and less expensive
Encourages creative, family-focused solutions
Many clients appreciate that mediation allows them to maintain control of their outcomes rather than leaving decisions to a judge.
What Is Litigation?
Litigation is the traditional court process.
Each side presents their case before a judge, who makes binding decisions on issues like custody, support, and property division.
While litigation provides structure and enforcement, it can be:
Time-consuming and expensive
Emotionally draining for parents and children
Public, since court records are generally open
However, litigation is sometimes necessary — particularly in cases involving:
Domestic violence or safety concerns
One-sided communication or power imbalances
Hidden assets or dishonesty
Inability to reach voluntary agreement
In these situations, court involvement protects your rights and ensures fairness when cooperation isn’t possible.
Collaborative Divorce: A Middle Ground
Virginia also recognizes collaborative divorce, a process that blends the cooperation of mediation with the professional support of attorneys.
Each spouse hires a trained collaborative attorney and commits in writing to resolve all issues outside of court.
Collaborative teams may include:
Financial professionals
Mental health or child specialists
Divorce coaches
This holistic approach focuses on long-term family well-being rather than “winning” or “losing.”
How to Decide What’s Right for You
When choosing between mediation, collaboration, or litigation, ask:
Can we communicate effectively, even with help?
Is there a balance of trust and transparency?
Are safety or power issues a concern?
Do we both want to minimize conflict and cost?
If your answer to these is “yes,” mediation or collaboration may be ideal.
If “no,” litigation may provide the structure and protection your case needs.
Ready to Explore the Right Path for Your Family?
Whether you’re leaning toward mediation, collaboration, or litigation, you deserve to understand your options fully before making a decision.
📞 Contact the Law Office of Li-Shann Durst at (703) 443-4762 or schedule a confidential consultation.
We’ll help you choose the path that protects your family’s stability and dignity — now and for the future.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Every case is unique. Please consult an attorney for advice specific to your situation.