When to choose mediation over trial? *
TRIAL VERSUS MEDIATION:
KNOW WHEN TO FOLD AND WHEN TO FIGHT
You can learn more about a form of mediation called collaborative law here.
As a Certified Family Law Mediator, our managing partner Natalie Gregg is frequently asked about when to go to trail versus when a couple should pursue mediation outside of court. Below are several of the key distinctions.
Why should you mediate?
1. You get a custom order written by the parties- not by a judge.
2. You can avoid the emotional and financial costs of going to trial.
3. You don’t have to air your dirty laundry in the courtroom.
4. Your settlement can happen on your schedule- not by a trial date that is decided by the courts.
5. You can be creative, avoid direct confrontation and keep your kids out of the conflict.
Why would you go to trial?
1. The other side has poor representation, including representing themselves.
2. You know that your best day in court is better than any settlement with this “winner.”
3. The other side has repeatedly failed to follow court orders and needs the judge to translate the rules.
4. The other side has engaged in family violence, has addiction issues or infidelity that you want the court to have a clear record of (i.e. for use in possible future litigation).
5. The other side’s attorney has repeatedly shown lack of ability to “come to the table” in good faith, fair negotiation.
If you are not sure…
This information is provided as a general overview and is not intended as legal advice. To better understand the strategy that you should pursue in your particular case, contact us today to setup a consultation with one of our attorneys.
Phone: (972) 829 – 3923
Fax: (972) 359 – 0912
Email: [email protected]
