LITIGATION, is the traditional model of dispute resolution. While most adversarial cases ultimately resolve through negotiated settlements, there are those high – conflict, intransigent cases where it is necessary for a Judge to be the decision-maker for the parties.
Our office has more than 20 years of experience with litigated cases so that, if a case is unable to settle amicably, we handle all that is necessary to bring the matter to trial from the commencement of the action with the Summons and Complaint until the filing of the Judgment of Divorce if it is a matrimonial case; or if it is a Family Court matter, from the filing of a Petition in Family Court until a Final Order is issued either by a Judge or Support Magistrate.
Once the case is in Court, procedural rules govern the progress of the case including the scheduling of Court conferences, applications for interim relief during the pendency of the action through motion practice, and obtaining all the relevant financial information through a discovery schedule that the Court will set at the Preliminary Conference and monitor at subsequent status conferences. If needed, forensic accountants, appraisers and valuators may be appointed by the Court or retained by the parties and depositions may be conducted. Where custody is an issue, the Court will appoint an attorney for the children and may also require a forensic evaluation to help the Court in determining what are the best interests of the child.
If there are issues of domestic violence, applications for an Order of Protection might be made.
The Court steers the case to its conclusion from a Preliminary Conference through a Compliance Conference before trial, so that the issues of custody, equitable distribution, spousal support and child support are fully explored by the parties and counsel.
While most cases do settle prior to the trial date, in this litigated model of dispute resolution, the case is always structured for the client to have his/her day in Court if the parties cannot come to an agreement.