Litigation & Mediation

Most divorce cases are settled before trial. Settlements often occur because the parties agree to a reasonable resolution of all issues. Certainly, the cost and other burdens of litigation encourage parties to settle.

In cases where one or both parties are unreasonable or driven by anger, they become heedless of the cost in money and emotional damage, and can exhaust both parties’ financial and other resources in litigation.

Mediation can be a quick and fair means to resolution. In mediation, a qualified divorce mediator is selected to work with the parties to resolve issues. In all but the simplest cases, each party should still have an attorney to advise him/her, for the mediator cannot give either party legal advice. As long as both parties are willing to engage in the mediation process, it can be a means to a prompt and fair settlement at greatly reduced cost.

It is unwise to believe that “having your day in court” will yield a more favorable settlement. That is because, of all the individuals involved in the case, the Judge is the person who has the least time and information about your situation. Any settlement that you and your attorney can reach will likely serve you and your family better than the Judge can create.

If a trial is unavoidable, Matthew Kaplan can draw upon his years of experience in trying domestic relations cases so as to protect your interests and achieve your goals.