Most lawyers will tell you that a cast iron case is a rare thing and that winning and enforcement are two different matters. Even if one side is completely right, fighting to win through lawyers or at court can be very stressful, time consuming, expensive, and may take months or even years. Other factors to be taken into consideration include:
- winners at court do not usually recover all of their costs and may run up legal bills of thousands of pounds
- judges can only award a limited range of remedies which the people involved may feel are not sufficient or appropriate for their situation
- fighting to win usually results in long term damage to relationships between people who will need to co-operate in the future e.g. parents and work colleagues.
Research has shown that mediation supported by good legal and financial advice is quicker, cheaper and more likely to achieve a successful resolution that everyone feels able to stick to.
Because discussions in mediation are confidential, it doesn’t harm anyone’s chances in court if it doesn’t result in complete agreement.
If you believe court may be an option, view my free list of questions you might want to ask a lawyer.