To Litigate or Mediate – That is the Question.

Any person with a Family Law matter has a range of options available to them to help them resolve their dispute. Parties can;

1. Sit around the kitchen table and draw up an agreement;
2. Engage in a settlement negotiation with the assistance of their lawyer;
3. Attend mediation;
4. Participate in a Judicial Dispute resolution process in the courts;
5. Attend private Arbitration;
6. Attend Parenting Coordination if custody and parenting is an issue; or
7. Litigate their matter through the court system.

The decision of which process to choose can be a daunting one for many clients and at Mincher Koeman we believe in using all means available, to ensure our clients are able to progress their matters quickly and cost effectively.

For some parties, settlement negotiation or mediation will quickly solve their matters.  The parties will be able to come to an agreement which meets the interests of both parties and the only remaining step is the for the lawyers todraft the necessary documentation to formalize the agreement.  Sometimes the parties’ lawyers are required to attend mediation to provide direction and assistance, but the settlement and negotiation is often guided by the parties and they are able to quickly reach an agreement.

For other individuals, the particular issues, the conflict, and the circumstances surrounding the breakdown of the relationship may be such that mediation may not be appropriate; the circumstances may be much more complex and the process of mediation may cause stress and upset to the parties involved. If one party refuses to be reasonable, and this can be common when emotions are raw, then mediation is often unsuccessful and attempting it can just be result in unnecessary costs.  Experienced Family Law lawyers are able to assess when mediation may be unsuccessful and instead recommend a process with a combined mediation and arbitration to move matters along; or alternatively, pursue litigation if a mediation arbitration is cost-prohibitive.

At Mincher Koeman, we understand that hope is not a strategy.  Action is.  We recognize that the process of resolution and advancing matters can become stalled or delayed when an opposing party refuses to comply with their obligations, or refuses to respond to attempts to move matters forward.  We are aware of these tactics and sometimes the pure avoidance of an opposing party to engage in a process, and we also recognize how emotionally exhausting and financially expensive this can be for our clients.  Being alive to these concerns and being able to assess which if the above listed tools may be best for our clients allows us to ensure matters are advanced in an appropriate timeframe and in a cost-conscious approach.