5,310
edits
Changes
→Introduction
==Introduction==
The fundamental goal shared by all out-of-court dispute resolution processes is to reach a settlement of the legal issues, particularly those issues that people could have fought about in court. As you might expect, reaching a settlement can require a certain amount of flexibility, empathy and maturity. Most importantly, the people involved must understand that none of them is going to get everything they want in a settlement. Whatever a person's wish list might be going into negotiations, the end result ''always'' represents a compromise and some accommodation of other peoplesomeone else's goals, hopes, and expectations.
It's not always possible to avoid court. Sometimes someone is so stubborn that they can't or won't compromise their position, and sometimes urgent court action is necessary to stop something bad from happening, like property being damaged, someone being hurt, or a child being taken out of the country. But out-of-court processes always offer a cheaper, friendlier and faster resolution to the legal problems that come up when a relationship ends than going to court. They're also far less stressful and disruptive to the people involved, and to their children.