At times parties will seek to resolve issues, such as custody and visitation issues that arise after the divorce decree by hiring a mediator prior to filing a lawsuit in an effort to resolve their conflicts out of court. Other times, parties file an action such as a divorce and seek to mediate the entire case rather than to litigate it. I encourage my clients to participate in mediation when it is likely to resolve the issues in the case since parties are more willing to honor the terms of an agreement if they decide the terms. In a limited number of cases, mediation is not a preferable means of resolution, perhaps because of psychological dynamics in which one party has more power or one party is easily intimidated by the other party's more controlling and explosive personality. In those instances, I attempt resolution by negotiating with the other attorney; however, if that fails, I am experienced and capable of litigating the case.

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