When a new client comes into the office, a part of our initial discussion is which one of three forks in the road should the client take in this case. Is this a case that must be litigated because there are issues that only a Judge can decide? Are the parties able to retain the services of a 3rd party mediator to work through their divorce? What about the new kid on the block, this collaborative divorce idea?

Generally speaking, litigation is the default by the court and most of the lawyers. A client walks into the office and says that his or her spouse has been having an affair or has been treating his or her spouse in a cruel and disrespectful manner. Perhaps the spouse is abusive of the child or children or is trying to leave the area with the child or children. Those cases where there is or was domestic violence in the relationship, strongly held religious or ethnic differences or any other issue that polarizes the parties or where the trust factor is so low due to an affair; are the ones that usually have to be litigated.

Mediation works well where the parties do have a good level of trust and believe that the other party will negotiate in good faith. Both parties are willing to entrust the process to a 3rd party neutral mediator. Click here to continue reading this article from The National Law Review by Richard A. Gray.

Click here to speak to with one of our experienced mediators and find out if mediation is right for you.