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Full transcript by James Nolletti below.
Because of the high cost of a trial, all divorce litigants should try to resolve their conflicts through a negotiation, if possible. Although most high conflict cases start out with litigation, most of them can be resolved once the discovery process is complete. Often, that's when the parties and their attorneys are satisfied that they have all of the information necessary to effectively negotiate a settlement.
When parties settle their case out of court, they maintain a degree of control over the terms they will be obligated to comply with, and can better tailor the settlement to meet their specific needs or desires. When parties are unable to settle, they subject themselves to a court determination. The judge decides their respective rights and obligations, and many times, neither party is entirely happy with the ruling.
Of course, there can be times when one, or more, issues warrant the expense of a trial. That's usually when the amount and dispute justify the expense, and the party and his or her lawyer believe they have a good likelihood of success.
