Time spent stranded in the limbo of the Court System can have just as big an impact on people’s lives as the actual trials
Time spent stranded in the limbo of the Court System can have just as big an impact on people’s lives as the actual trials, however, if you can’t settle, then you really just can’t settle.
There has been a push for people to settle during litigation in order to ensure that people do not get further emotionally affected by the legal system and to avoid mounting further litigation costs.
There is a general understanding that around 3-5% of all family court cases end up in Trial. This makes sense. People are people, and their savings should not be entirely obliterated by fighting a battle that can have a profound impact on them and their children.
However, a huge glut of matters in the Court system has resulted in a lag that ensures that people are kept in the limbo stages at conferences (pre-trial meetings with the judge) in order to strongly encourage them to settle their matters, which in turn can also have an equal negative effect on people, financially and emotionally.
The longer people are engaged in the court system, the more money it will cost them. It is certainly true that Trials can prove expensive, however, each conference can cost significant money as well, and when you have 5 or more the expenditures keep adding up. More importantly, some individuals just give up and cave in to the other party’s will because they have been exhausted financially and emotionally.
Sometimes cooperative settlement just is not possible, no matter how long the court system presses the issue of settlement. Dire results often follow hotly contested matters, such as people completely losing faith in the justice system. People can spend significant amounts of money and feel they have made very little progress.
Trials are there for a reason, and some people need a judge to make the final determination. Of course, it is understandable that a judge does not (and should not) see your case the way that you do; but when opposing side may well be acting totally unreasonable, what are you supposed to do…
Family Law cases should be pushed forward expediently, as the blockage can have a more negative impact on families then allowing this chapter of their lives to finally end- that light at the end of the tunnel can be better for some who just need finality in a long fought struggle.