Thread: Why court?
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Old 05-14-2012, 11:19 AM
Pursuinghappiness Pursuinghappiness is offline
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Sorry, I should have phrased that better. Mediation is good but it lives in a system that is adversarial. Most people should be in mediation. It is just that some issues, for whatever reason, cannot be solved there
The system is designed so that lawyers actually get financially rewarded for creating conflict and avoiding mediated agreements. There is no penalty for submitting affidavits to the court which both clients and lawyers know are full of crap.

It is a basically a system where each party is encouraged to be totally extreme...so that the Judge can rule somewhere in the middle of the bullcrap.

While I know there are some good lawyers out there...ie, mine is pretty ethical and good. There are some who basically are aholes and attract similar clients. Until there's some penalization system for dealing with this....I'm not sure why things would get any better. The only remedy to this is when two people are reasonable and manage to mediate things out.

I think it would be very helpful if the M.I.P. session really did a whole section on the cost differences of both contested and mediated divorces. They need to really push it. I suggested such when I wrote back my survey review after my session.