Settlement will more amicably terminate the marital relation, which is particularly significant if the parties will have post-marital associations, as they obviously will if there are minor children of the marriage. By agreeably resolving the litigation, the parties have more influence in the form and content of the final divorce decree than would occur if the case were tried to the court. And, the litigation expense will be less, if no trial is required. Competent divorce attorneys will discuss settlement thoroughly with their clients and will encourage them to consider a realistic and fair attempt a negotiated settlement of all issues, in most cases. This does not mean that the parties' attorneys will always accomplish settlement of the issues without trial.
Lawyers carry no more settlement authority than they are given by their clients.
All settlement decisions are made by clients. None are made by the attorneys. An absence of reasonableness is not the only barrier to settlement. Negotiation Suggestions Top of Chapter Different attorneys will approach settlement negotiations differently. Negotiations involve the personalities of the attorneys and their clients, and the approach taken will vary from case to case.