THE CHOICE IS SIMPLE:
You can mediate, and send your kids to college,
or you can litigate, and send your lawyers’ kids to college.
Several process options are available for resolution of your legal dispute, all of which result in binding and enforceable documents. The choice of process is one of your most important decisions, and one you may have to make at a time when anxiety and anger are high and there are lots of unknowns. You need to carefully consider the process that is right for you, because the process choice you make will set the tone for your case, and likely your future.
The experience of ending a relationship generally falls on a continuum ranging from low conflict to high conflict. In the best-case scenario, a couple whose relationship is ending will part ways amicably and handle their affairs with fairness and respect. If there are children involved, they will put aside their differences to create a caring and reasonable parenting plan with their children’s best interests in mind. The couple will remain civil with each other and maintain a functional relationship.
In the worst-case, high conflict scenario, everything is exponentially more difficult. The relationship is toxic and the parties are each invested in making the other miserable. Their children are put in the middle and made victims of a tug of war. The couple will continue to battle long after final documents have been signed.
And there are many scenarios in between.
The process of mediation allows disputing parties to discuss creative ways to resolve their disputes in a manner that is best for themselves and their families, and to maintain some control over the outcome. The process of litigation and trial puts the decision in the hands of a judge where the parties are unable to agree because the issues are too hotly contested. Mediation can be an appropriate and effective use of time and resources in many cases. Sometimes, though, there is no alternative but to let the court decide. READ MORE