In litigation, the negotiations generally take place between the lawyers and the clients level of participation depends primarily on his or her lawyer. If the lawyers are unsuccessful in resolving the issues before trial, a judge will make the decisions for the family. Although most litigated cases end up settling before trial, the court system will determine both the timing and the process. Either way, the clients will have far less input or control over the process or the outcome than a non-adversarial approach.
Mediation vs. Litigation -- Compare the Average Cost of Divorce Fees