Are You Sure You Want To Go To Court?

March 27, 2017

"Let the Judge Decide!" 

 

In many cases, when a spouse or their attorney feels that they are unable to reach an agreement with the other side, they simply decide to put the issue to the Judge.  After all, that's the Judge's job.  The whole reason we have a civil legal system is to resolve disputes in a civilized way between adults.  But that system is far from perfect.

 

In this blog posting, Justin Kelsey asks, "Have you really been told the truth about what it means to 'let the Judge decide?'"  You may not like the resolution or the process. In fact, you probably won't.

 

The Judges are limited by the law and time.  They will not hear all the facts of your case.  Some relevant facts are excluded by the rules of evidence, and many more will be excluded because they just don't have enough time to hear it all.  You may believe the Judge would agree with you if they knew everything you knew, and you might even be right, but the Judge will never know everything you know about your case.

 

Even if the Judge agreed with you, the law limits what the Judge can order you to do, while your options in dispute resolution are practically endless.  You've not only limited the possible solutions by letting the Judge decide but you've also accepted that a stranger with imperfect information will make a decision about the future of your unique family situation.

 

If you or someone you know could benefit from assistance in decision making during a divorce, contact Falmouth Mediation at 508-566-4159 for a free, no-obligation, private, confidential consultation. We will be happy to discuss the key details of your situation, address any concerns, and help you decide if divorce mediation would be beneficial.
 

 

 

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