How Court Limitations Impede Case Resolution

One of the things that I have learned after 40+ years of practicing family law is the importance of attempting to get the parties to appreciate the wisdom on resolving their differences rather than have their lives left in the hands of the court.

This valuable approach is even more relevant in our continuing Covid era. All of our courts and particularly the family law courts suffer from serious functionality limitations due to staff shortages that remain unresolved.

Some departments don’t have regular clerks or court attendants. When this staffing problem happens, the courts may have to be closed for that session. The frustrating result requires that the case be continued out many more weeks due to lack of court personnel.

With this problem in the backdrop of the family law universe, creative alternatives to litigating cases becomes far more valued to parties and counsel.

Exploring the utilization of private judges, mediation, and resolution alternatives outside of the court process should always be a continuing discussion between parties and counsel.

There are alternative dispute resolution programs that have qualified retired judges and experienced family law attorneys that can serve in the capacity of private judges or mediators.

Even though there is a cost to retain a private expert, the cost benefit analysis always produces the justification to proceed in this fashion when you realize how much it costs in attorney fees for a case to get before a judge on a 20 minute calendar.

Successful outcomes require creative results. Consequently, a different approach to dealing with family law cases and litigation is a component that should always be discussed and considered with your lawyer.

Arlene D. Kock

Author Arlene D. Kock

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