The judicial system cannot handle such volume and the public is increasingly tired of the financial and emotional cost associated with an adversarial system. Common sense requires a different approach. At present, there is great opportunity for alternatives that provide more cost efficient and more satisfying results, not only with disputes that involve relationship conflict such as divorce and conflict in the workplace, but also for community-wide disputes. Mediation is the most frequently used alternative to litigation. It holds tremendous promise not only as a more efficient method of settlement, but also as a vehicle for transforming relationships.
Custody battles are bad, but only the really bad parents end up fighting.
Most people these days go first to the lawyers and start battling. Then, after spending a bundle, they might think of mediation. By this time, the well has likely become contaminated. Lawyers often have difficulty discouraging the battle because they are expected to act as advocates. Our law system, particularly in divorce, encourages people to act as adversaries.