Litigation is not a Requirement
In Michigan, and most other states, it isnecessary to have a judge determine or approve theterms of a divorce settlement before a divorce canbe granted. This requires, as a minimum, that alawsuit be filed. However, it does not follow thatthe parties in a divorce case must be drawn intoconflict. Mediation is an alternative tolitigation in most cases.
It is understandable that attorneys steer theirclients into the litigation process because it isan easier and more comfortable place for them tobe. However litigation encourages differences andbitterness during the process. At the conclusionof litigation, which usually results in both sidesbeing unhappy with the outcome, clients are left tothink in terms of blaming and injustice. They feelpowerless and disenfranchised.
At Windwood Center, we view the legal system asa peace-making or moderating influence within oursociety. Its ultimate test is whether it succeedsin that respect, not whether it produces "right" or"wrong" answers. Mediators can help clientsunderstand that there are several possibleapproaches to almost every situation and that what is really important can often be obtainedthrough negotiation. Lawyers trained in Collaborative Practice, including Thomas Darnton, have learned a number of methods for achieving client objectives without resort to adversarial conduct.
A just result is one which everyone involvedcan accept. The philosophy of Windwood Centeraffiliates is that such a result can be foundthrough careful negotiation. Justice, being aprocess, can be achieved without, and well aswithin, the courthouse.