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The Reality of Having Your Day in Court And Why Settlement Is Often Better:


The reality of having your day in court is often not what people expect. It can be a long, drawn-out process that is both emotionally and financially draining. In many cases, settlement may be a better option. There are a number of reasons why settlement may be preferable as compared to going to court. First, it can save you a lot of time and money. It can also save you significant emotional energy. A trial can take months or even years to complete, and the legal fees can be very expensive. Settlement, on the other hand, can usually be reached much more quickly and at a fraction of the cost and allows the clients involved to have significant say so over the outcome and results achieved.

Second, settlement can give you more control over the outcome of your case. In a trial, the judge will make the final decision. He or she doesn’t know your family, your children or your needs. If you don't like the outcome, there's not much you can do about it. (While an appeal is an option, it is not often successful because judges have wide discretion in making determinations in family law cases). With settlement, you and the other party can work together to reach an agreement that is acceptable or livable to each of you.

Third, settlement can help you avoid the stress and uncertainty of a trial. Going to court can be a very stressful experience. You'll have to testify in front of a judge, and you may be cross-examined by the other party's attorney. Settlement can help you avoid all of this. The preparation for and attendance at trial is a long, emotional process. By both you and the other party trying to find the worst things to share about one another, you are not going to be able to heal or move forward to co-parent in a healthy way for months or years to come.

Of course, there are also some risks associated with settlement. If you settle, you may not get everything you want. The other party may agree to give you less than you would have received if you had gone to trial.

Despite the compromise often required, settlement is often the best option for resolving your divorce or other family law matter. It can save you time and money, give you more control over the outcome of your case, and help you avoid the stress and uncertainty of a trial. If you're facing a legal dispute, it's important to talk to a knowledgeable and experienced family law attorney to discuss your options. Your attorney can help you decide whether settlement is the right choice for you, your family and your case.

Here are some additional reasons why settlement may be a better option than going to court:

  • Settlement can be more private. When you go to court, your case is open to the public. This can be embarrassing and stressful, especially if the case involves sensitive personal information. Settlement can be kept confidential, which can help protect your privacy.
  • Settlement can be more flexible. In court, the judge will make a decision based on the law. This may not always be the best outcome for you and your family. With settlement, you and the other party can work together to create an agreement that meets your needs.
  • Settlement can be more cost-effective. Going to court can be expensive- both financially and emotionally. You will have to pay for legal fees, expert witnesses, and other costs. Settlement can be much less expensive than going to court.

How Can You Achieve Settlement?

There are many ways or avenues to reach out settlement. Common ones involve preparing settlement proposals and exchanging them with the other side, back and forth, having a settlement conference with counsel or attending mediation.

Whether you are considering going to court and having a trial or the possibility of resolving your case through settlement, it is important to talk to an experienced family law attorney about your options, a likely outcome and the risks and benefits of settlement versus trial. An attorney can help you understand your case, the benefits and goals of settlement and can help you negotiate a fair agreement. Call Pingel Family Law today at (816) 208-8130 to consult with our attorneys and determine if trial or settlement is the right path for your case!