It may or may not be in your best interest to reduce your use of exposure to the courts during divorce or other family law issues. It depends entirely on the circumstances, the client, and their resources. There are times when it is effective and other times when it’s not. Part of our mediation preparation process includes discussing these issues and what the desired outcomes are.
Our team always considers what the other party might be thinking and what issues may be important to them. This helps us develop a strategy better in mediation that’s focused on trying to find common ground without sacrificing a detail that is extremely important to our client.
Furthermore, these early discussions can help identify whether negotiating isn’t going to get us anywhere without court involvement. For example, disputes about alimony are often highly contentious and are best resolved in court. If it’s discovered that one party will stop at nothing to avoid paying alimony, it may be best to go right into litigation.