Aggressive Divorce Attorneys and Mediation

Lately I've seen a few articles about this subject. Quite a few of them seem to imply that an aggressive attorney is not what you may want if you want to settle a divorce amicably through mediation or some other alternative dispute resolution method. The better articles give you advice on how to make sure you and your attorney are a match to solve your divorce issues.

Parties who look for aggressiveness as the distinguishing characteristic of a good divorce lawyer may miss out on the opportunity that a mediation settlement offers if the chosen attorney is unable to lay aside tactics that may work well in a litigation setting but which impede thoughtful negotiations during a mediation. This may lead to additional (and needless) expense and frustration as the divorce is litigated.

Being a good attorney is a combination of many things, chief among them is the ability to switch from aggressive litigator to aggressive negotiator, always keeping in mind the client's goals and interests. Good "aggressive divorce attorneys" are the ones that can switch back and forth to advance those interests and goals, depending on the situation. In other words, like good generals in a war, they are flexible and open to solutions that will best serve the client's interests and goals. Being aggressive for its own sake is a waste of time for everyone--and a waste of money for the client.