These days the vast majority of family disputes end in a negotiated settlement of some kind. There may be a negotiation between lawyers, a four-way meeting which includes the clients, or a mediation. Rarely does a matter need to be resolved by a judge.
In these disputes the spouses’ history can both hinder and help the negotiation process. It can hinder the process if spouses are so angry with each other that they are not able to consider the issues rationally. It can however help the process because no matter how bitter the separation, spouses usually have some empathy towards each other and they genuinely want to see each other be in a position to move forward with their lives.
In any event both spouses are usually anxious to get matters resolved without incurring any more legal fees and without having to endure the stress that accompanies litigation. Negotiation is the most cost effective and fastest way to reach a settlement.
Deborah A. Todd
