The best option for resolving any issue that arises in family law matters depends on the stance and approach of the opposing legal party. When both parties are willing to negotiate and remain involved in a give-and-take process, mediation can be a great option. There are many quality mediators willing to assist parties in gaining a helpful new perspective so they can work things out without entering the complex court system. However, sometimes one side is very set on an outcome and isn’t willing to be flexible. In this case, utilizing the court system may be a perfectly viable idea. Sometimes litigation is unavoidable and that’s not always a bad thing.
People are afraid of litigation, with good reason. Especially in family law cases, these issues are usually sensitive and vitally important to you. For instance, your ability to provide for your kids is a very vulnerable thing to ask a complete stranger to judge you on.
If you’re able to work out disputes in mediation, you will have significantly more control over the outcome of your divorce than when you get into litigation. In a lawsuit, you’re hoping the judge sees the situation your way on all the important issues, but most often the judge sees some issues your way and others the way the other party wants. That’s why if you can get through mediation, it’s usually a better option.