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In traditional custody litigation, the primary inquiry of
the courts is to determine what is in the best interest of the children.
Judges are limited by time constraints and busy calendars, and by
statutes, rules and precedents, as well as their own bias as to
how things should be done. Will a judge or a lawyer who has limited
contact with the family truly determine what is in the best interest
of the children better than two cooperative parents? Furthermore,
cooperative parents will more likely act in the children's best
interests. In litigation, it is the goal of one parent to make the
other parent look bad in the eyes of the court so that they can
"win". It is highly unlikely that anyone will actually
"win" in a litigated custody battle. It is far more likely
that everyone, including the children, will lose.
Why is Mediation often an effective solution?
- you get a chance to fully discuss an issue before you agree
on it
- you can try out agreements before the judge makes the divorce
final
- you learn to communicate better which makes new and old issues
less likely to turn into arguments, or worse still, days in court
- you can take time in between each appointment to think about
whether or not a proposed solution makes sense
- if you need to change a solution before finalizing your divorce
in court you can do it quickly and easily
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