Advertisement

April 19, 2014

Why Settle?; Even When it is Over it isn’t Over.

One of the reasons I became a divorce lawyer was my love of the courtroom.  I was in the theater, I interned for a news channel, and  I am even in a band.  I find that the courtroom presents a unique opportunity for an attorney to advocate on behalf of his or her client regarding incredibly important issues.  The lawyer in a courtroom has to take years of issues into consideration and articulate them all in a precise and reasonable argument.  That said, after more than 18 years of practice, with a focus on family law, I can tell you, if you can settle your case reasonably and fairly, I recommend it.

The emotional damage that is done, not to mention the incredible expense, if you end up appearing before a judge is very deep.  Things are said that cannot be taken back, money is spent that depletes your financial well-being, and it all occurs not in a private arena, but a very public one.  Court pleadings, your finances, your parenting issues, and many other aspects of your life are open for the public to view.

On the other hand, with resolution outside of the courtroom, you can be more creative.  A judge, while in an elected or appointed position, is confined to the information provided to them and the limited options the law permits.  It is not always the best option to leave life decisions to a judge who has limited time to hear all the issues and does not know you personally.  In a negotiation or mediation, however, parties and attorneys are limited only by their creativity and ability to think outside of the box.  This is a reason I love being a mediator as well.

Settlement is the way, when possible (and I recognize it isn’t always possible), to resolve a case.  At the end of the day, clients should remember that  a former husband and a former wife will always be a part of one another’s lives in some respect – especially if children are involved.

© Lowndes, Drosdick, Doster, Kantor & Reed, PA, 2014. All rights reserved.

About the Author

Rebecca Palmer, Family, Marital Attorney, Lowndes, law firm
Partner

Rebecca Palmer leads the Family & Marital Law practice. She has a broad background in providing alternative dispute resolution, general litigation, and collaborative law issues for domestic disputes for nineteen years. Rebecca's matters range from pre-marital agreements, divorce, and adoptions to difficult dissolutions, complex financial issues and custody cases. A Supreme Court Certified Family Mediator, she is experienced in all methods of case resolution, including mediation, arbitration, facilitation and negotiations to serve individuals as well as businesses.

...

407-418-6472

Boost: AJAX core statistics

Legal Disclaimer

You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's  Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.  

Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com  intended to be  a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional.  NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us. 

Under certain state laws the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.

The National Law Review - National Law Forum LLC 4700 Gilbert Ave. Suite 47 #230 Western Springs, IL 60558  Telephone  (708) 357-3317 If you would ike to contact us via email please click here.