Using the Traditional Adversary System?

Because Parties Just Cannot Agree on Anything, Ever.

By Vivian L. Holley, JD, MA, CFLS, MFT

Sometimes the trust has broken down so badly that lawyers need to be hired to go through the courts to resolve the disputes.  This is usually the case when there has been physical violence or misappropriation of funds and assets. These disputes are resolved in the traditional adversary system.  Notice in the model below that parties 1 and 2 no longer talk to each other and they have given up control of the outcome to their attorneys who present their case to the Judge.  There is no privacy once in court and financial matters are open to the public. When the Judge makes a decision, someone wins and someone loses.  If there are children involved, they often have no say in the outcome that will impact them the rest of their lives, that’s why the use of specialized attorneys is a good option to get help with all the legal matters of the divorce. This process is often the most expensive and may take extra time to schedule hearings with a judge.  At times Private Judges or a Settlement Conference Judge may be hired who will help everyone reach a settlement or a decision privately outside of the public courtroom.

The Law and Mediation Offices of Vivian L. Holley provides traditional Family Law services for those people who wish to have professional  legal assistance negotiating the best settlement and appearing in court should that be necessary.