The American Civil Justice system has its evolution in ancient Rome and codification can be traced from the 6th Century. Thus, the basic concept of resolving civil disputes has been around since before the birth of the United States of America. Rather than solving a dispute by dueling, it seems, to me, more sensible to have a process for conflict resolution with rules and boundaries where people can go to resolve a dispute they cannot figure out themselves.
I hear statements like “going to court creates conflict,” and I think, “well, not really.” The process (aka, the civil justice system) invites conflict, and conflict comes to the courthouse with people (aka, the litigants). Going to court, per se, does not create conflict. It is a place to seek a resolution. Litigants arrive at the courthouse already armed with conflict.
Family law is not ideally suited for litigation, primarily because the parties must continue to have an ongoing relationship, sometimes for many, many years. It can be hard, impossible even, to rebuild a relationship that is shattered in a courtroom. This reality is why mediation is required in family law cases. Folks tend to feel better about resolutions they design and folks tend to stick to bargains that are of their own making. Yet, sometimes, the only solution is one that is court-ordered. The American system of justice is not perfect and it should always be improving and modernizing. However, when folks try but cannot find a meeting of the minds, a civilized courtroom solution, even with conflict, is better than a shootout.
I hear statements like “going to court creates conflict,” and I think, “well, not really.” The process (aka, the civil justice system) invites conflict, and conflict comes to the courthouse with people (aka, the litigants). Going to court, per se, does not create conflict. It is a place to seek a resolution. Litigants arrive at the courthouse already armed with conflict.
Family law is not ideally suited for litigation, primarily because the parties must continue to have an ongoing relationship, sometimes for many, many years. It can be hard, impossible even, to rebuild a relationship that is shattered in a courtroom. This reality is why mediation is required in family law cases. Folks tend to feel better about resolutions they design and folks tend to stick to bargains that are of their own making. Yet, sometimes, the only solution is one that is court-ordered. The American system of justice is not perfect and it should always be improving and modernizing. However, when folks try but cannot find a meeting of the minds, a civilized courtroom solution, even with conflict, is better than a shootout.