A settlement conference or mediation session can separate the emotional issues from the legal issues much more quickly than other litigation processes. Not surprisingly, when two divorcing people communicate on their own, they inevitably get into the same arguments that led to the decision to divorce. But when they have the assistance of a trained professional to keep them on task, they are more capable of reaching wise decisions regarding their financial and parenting affairs than a judge could. And talking over the issues sensibly is less expensive than taking those issues to trial. A common misconception is that when two parties cannot agree on an issue after negotiation or argument, they should just let the judge decide.
Most people have no idea what information is needed for the judge to make a decision.
First, each attorney needs relevant information. This means collecting and reviewing documents, both from the party and from his or her spouse. Then, witnesses must be contacted and their stories heard. When a trial date approaches, each attorney must organize and present it within the allowable time. The attorney and client must spend many hours together preparing the client to testify Other witnesses must be similarly prepared.