Mediation and Divorce: Exploring Alternative Paths for Dispute Resolution

Concluding a divorce typically follows one of four routes: death, reconciliation, settlement, or trial. Frequently, it's a blend of the latter two, where spouses agree on certain issues but resort to a trial for a judge's verdict on others. It's consistently advised for clients to prioritize settlement, under the condition that it occurs when there's sufficient information for an informed decision. This necessitates a comprehensive understanding of the issues, often requiring the completion of at least 70% of the discovery process before making decisions.

Consider a scenario where one spouse actively manages a full-time business, while the other either holds a different job or is a stay-at-home parent. Equitably dividing the business becomes challenging if the latter is unaware of its actual value, potentially leading to an unjust arrangement. In such cases, settlements without the involvement of legal and financial experts may result in substantial underpayment for the non-business-involved spouse. The essential question arises: Who possesses a superior understanding of the business's financial status?

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