Understanding Traditional Divorce

An attorney, hired to litigate a divorce is legally and ethically obligated to prepare for trial. Anything else is malpractice. Unfortunately, the preparation for trial necessitates legal maneuvering that worsens anger and distrust. Any remaining communication and cooperation become casualties of this process.

But the preparation for trial and all the nastiness that goes with it is totally wasted. Out of over 35,000 divorces in New Jersey last year, about 350 cases (about 1%) were decided by a judge. The other 99% of the cases, everything but those 350 cases, were settled by the lawyers at some point. So the lawyers work and fees and the months and years spent preparing for trial are entirely wasted.

Final settlements, often made at the last minute before trial, are based on cookie cutter solutions geared toward the “average couple.” Tragically, the cookie cutter solutions often don’t fit well and over 40% of couples divorced this way wind up back in court within 4 years after the divorce is final.

Mediation is a process that was created to help people make good agreements, even when the two sides are furious at each other. If 99% of cases settle, doesn’t it make sense to use mediation, rather than litigation, which focuses on getting you ready for a trial that practically never happens?