Litigation

Litigation is not generally recommended as a method of resolving family law disputes. Litigation requires each party to take a position on the issues in dispute and then each party tries to persuade the other party to accept their position or to reach a compromise. The threat of going to Court is often used as leverage and can often lead to increased stress, conflict and legal costs. If the parties cannot agree, the matter will typically be put before a judge or arbitrator to decide the issue, sometimes resulting in neither party being happy with the end result. This is in contrast to using mediation or the collaborative law approach where the focus is on trying to  find solutions that satisfy both parties’ interests and needs.  There are situations, however, where litigation is necessary either because addiction or mental health issues makes a negotiated settlement unlikely or simply because the opposing party refusing to mediate or negotiate in good faith. While my practice is to try to settle family disputes wherever possible, I will also take your matter to court in appropriate circumstances.