When couples begin the divorce process, it’s common to assume that once a case is filed in court, the only path forward is “litigation”. But that isn’t the only option. In fact, many families later discover that “mediation” may better fit their needs… leading to the question:
Can I still mediate even if I started my case as litigation?
The answer is YES!
At West Coast Family Mediation, we frequently work with individuals (and families) who began with the court system and later chose mediation to reduce conflict, cost, and emotional stress. Regardless if you’ve only just filed or have been through several hearings, there are opportunities to shift from litigation to mediation and regain control over your divorce process
Litigation vs. Mediation: Understanding the Difference
Litigation typically involves formal court procedures, filings, deadlines, attorney-driven negotiations, and ultimately, decisions “made by a judge”. It can feel adversarial and often positions spouses against one another.
Mediation, on the other hand, offers a collaborative, confidential, and solution-focused approach. You and your spouse work with a “neutral mediator” who guides discussions and helps you reach a mutually agreeable resolution.
And importantly, starting your case in litigation does not prevent you from switching to mediation later.
When Can You Shift to Mediation After Filing in Court?
You can move into mediation anytime before a final judgment is entered, including:
- After the initial divorce petition and response have been filed
- During the discovery phase
- Following temporary orders
- Even after attorneys have been hired
The key factor is that BOTH parties must agree to mediate. Once you choose mediation, legal steps can be taken to pause or redirect the litigation process while you work toward a settlement.
Why Families Choose Mediation Mid-Case
Even when litigation has already begun, many people realize they want something different: something more respectful, more private, and less overwhelming.
Switching to mediation mid-case can offer:
✔ Reduced Legal Costs
Court processes, motions, depositions (billing by the hour) can add up quickly. Mediation often costs significantly less, even when litigation is already underway.
✔ Faster Resolution
Court schedules are often slow and unpredictable. Mediation allows couples to move at their “own pace” and resolve issues more directly.
✔ More Control Over Decisions
Instead of a judge deciding what happens to your children, home, finances, or future… you decide together.
✔ Less Emotional Stress
The tone shifts from confrontation to collaboration, which is especially important when children are involved
Potential Considerations When Switching to Mediation
While mediation is often a beneficial shift, there are some factors to be aware of:
- Some parts of your case may already be public record due to court filings
- Court deadlines may still need monitoring during mediation
- Both parties must commit to good-faith participation
- If there is high conflict, the mediator must have strong experience managing communication
Our team helps you navigate these considerations to determine whether mediation is the right next step.
How We Support Clients Who Want to Move from Litigation to Mediation
At West Coast Family Mediation, we work with many clients who began with litigation but want a more constructive path forward.
Our approach includes:
- Reviewing your current case status
- Discussing your goals, concerns, and obstacles
- Coordinating with attorneys (if needed)
- Using a structured mediation process to address support, custody, and property division
- Preparing and filing final legal agreements once an agreement is reached
We are here to help you transition smoothly and respectfully, even mid-stream.
Questions to Ask When Considering Mediation After Litigation
If you’re wondering whether mediation could still work for your situation, consider:
⏹️ Are we hoping to avoid further court conflict?
⏹️ Do we want more control over the outcome instead of relying on a judge?
⏹️ Are we willing to communicate with support from a neutral third party?
⏹️ Would reducing stress, cost, and time be beneficial for our family?
If the answer is yes, mediation may be the right path for you!
You Can Still Mediate
Starting in court does not mean you must stay there. Many families find that mediation provides the clarity, efficiency, and compassion that litigation simply cannot.
If you’re asking, “Can I still mediate even if I started my case as litigation?”… you’re already opening the door to a MORE peaceful resolution!
So, if you’re in San Diego or anywhere in California and want to transition from court to a more collaborative process, we’re here to guide you every step of the way.
Schedule a FREE consultation today here and learn how we can help make your next step a calmer one.