Today, one sees an increasing push for alternatives to litigation in many types of cases, including California divorces. It is true that resolving disagreements through means such as mediation can yield many benefits for you such as decreased stress levels, shorter timelines, and fewer costs.
However, in some cases, litigation can be the best way forward. Sometimes, mediation or other dispute resolution methods will just not work and may even complicate things further. Experienced family law attorneys know such a case when they see it and will commit to a serious fight when necessary.
Having an agreement does not always mean no litigation
Agreements such as prenups aim to cut down on litigation by disposing of various issues in advance. You may still need to go to court to address issues your agreement does not cover. Additionally, many divorcing couples end up fighting protracted battles about such issues as the agreement's validity or the interpretation of a particular clause.
Dealing with court-ordered mediation
In some cases, the judge may order the parties to attend one or more mediation sessions. Bear in mind this does not mean you now must actually come to an agreement in the course of mediation. Generally, your best option is to comply with court orders and participate in good faith - which does not mean agreeing to terms that do not work for you. If you and your ex cannot arrive at a resolution, the mediator will typically inform the judge and the case will resume in the courtroom.
Sometimes, mediation will not just waste your time but can actually damage your case. One example of such a situation is when you have reason to believe your ex is hiding assets or engaging in other deceitful behavior. Mediation can give such a person more time to conceal evidence, so you need your attorney to act on your behalf promptly.
Making the right choices
While litigation may not be the easiest path forward, sometimes it is the right choice. Your attorney can help you make the decisions that would be in your best interest, based on the specific facts of your situation.