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  • Writer's pictureElizabeth Stewart-Williams, MDR

If You Decide to Let the Courts Handle Your Disputes...

Updated: Jan 24

If you decide to let the Courts handle your disputes, please be sure you understand what that environment really means for you. There was a movie that came out over 6 years ago that was called "Divorce Corp" and it gave a very insightful understanding of how things truly operate in the Family Court and the Civil Judicial system.

Many people come to court in hopes that the Judge will "hear" thier issues and believe if they are heard the Judge will side with them, but due to so many cases Judges technically do not even have the time to read. This means that many times Judges are playing catchup on the case and their determinations are not based on evidence that has been presented. Determinations are made off of the perceptions and perspectives of the Judges. If they decide from "looking" at you that they do not trust you, the law backs their decision.

I hear horror stories daily about experiences in court where evidence was never seen or heard. Why go through such an experience when you have the power to come to your own agreement in a short amount of time through alternate dispute resolution services such as mediation. Your case can be resolved without losing your rights and livelihood. Even if you are already going through the court system, look to other alternative dispute resolutions to avoid succumbing to a system that does not have the time to truly address your conflict and disputes.

The biggest mistake that I come across are parents who are ordered to mediate, but are so emotional that they ignore the benefits of mediation and refuse to consider any type of resolution. This forces them to continue fighting in a system that does not have the time to really address their concerns. In the end no one really wins if you count up the costs of time, fees, pain, and anguish. You can be stuck in the system for years because remember Family Court is a for profit system.

Learn the environment that you are about to enter and avoid the pitfalls that are ever present within the system.

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