What A Court Can Do vs. What Should Happen
Unfortunately, many people end up feeling that the resolutions crafted by Judges are unfair, even when they "won" the case. The reason court solutions often feel unfair is because they are limited to the statutes and case law. Judges don't have unlimited discretion (or time) to find the best solution for a family. They have to find the solution that is least offensive within the boundaries of the law. In this excellent blog posting, Justin Kelsey writes that when people choose an out-of-court settlement option, like mediation or collaborative negotiation, one of the advantages is that they don't have to accept the limitations of court crafted solutions. Mediation, Collaborative Law and other out-of-court settlement processes offer you the opportunity to consider more possibilities and not limit yourself. When you realize all the possibilities, court doesn't seem like much of a choice at all.