If you have read much of what attorneys have to say about divorce, you may have noticed a trend. Many family-law offices focus on a category of divorce strategies called alternative dispute resolution. This includes mediation and arbitration, for example.
These are useful and sometimes efficient strategies. However, we would not expect them to resolve all divorces, especially those that involve complex issues regarding assets, finances or children.
The need for litigation preparation
There are many reasons that the open, exacting and procedural litigation process exists. Perhaps most notably, it provides a level of accountability for all parties that exceeds nearly any other resolution strategy, public or private. We prepare every divorce with the understanding that we may have to take our clients’ issues into a courtroom.
The difference between resolution strategies
Preparation for litigation is rigorous. Situations being equal, litigation may need more research and more time than mediation or arbitration. Furthermore, the scheduling demands, procedural details and documentation requirements of a courtroom divorce are exacting.
The best solution for the situation
For these reasons, we would never pressure a client into litigation. However, by the same token, we would not recommend any type of alternative dispute resolution if it seemed that litigation would be a more effective way of pursuing our client’s best interest.
The decision of court issues after the divorce is final, barring modification orders after changes of circumstance. Regardless of the method, be it litigation or otherwise, our main goal is to provide our clients with a divorce agreement that serves their best interests. Please continue on our main website for more information.