Negotiation

Separation and divorce can be the worst type of “legal” conflict. Clients generally are not as emotional about being sued over a breach of contract by a third party, as they are about having to deal with the emotional issues arising from their marriage breakdown.

Our judiciary (Judges and Masters) very often talk to the parties (the spouses, parents, etc.) about how, upon separation, a couple has a pile of money (or assets). Following separation, as the Judge says, that pile needs to be divided between the couple in a fair and reasonable way. The couple can either settle the issues quickly, maintaining as much of the pile as possible, or they can continue to fight and litigate, shrinking the pile until it has effectively been split between the lawyers, rather than shared with or passed on to their children. Shocking, but true.

A statistic that really strikes me, is that over 95% of cases that go to court settle before trial. Regrettably, by the time a case reaches the proverbial doorsteps of trial, the case has already cost both parties many thousands of dollars. To me, this underscores the importance of working as hard as possible to ensure that proceeding to court is an absolutely and necessary last (not first) resort so that you, not I, will be able to keep your pile of assets for you and your family.

To this end, I assure you that I will thoroughly review and explore all options to promote settlement, including engaging in settlement discussions, scheduling four-way meetings (if you are comfortable with this), and proceeding with mediation. Without a doubt, each and every case has a solution, and it is trite to say that a negotiated settlement is better (and works better) than a court-imposed resolution.