The Family Law Issue of D Magazine is on newsstands now and features a number of quotes from our very own ONDA attorneys. In the article “Mediate or Litigate?” the publication surveyed several local attorneys, asking them what their advice to clients is on whether a case should be handled at the negotiating table or inside the courtroom. When asked, ONDA partner Brad LaMorgese said attorneys may feel compelled to charge into court, although it’s not always the smartest way to resolve a case.
“I love trying cases, but what is best for a client is to efficiently expend resources. This usually doesn’t involve going to trial. The sweet spot of mediation is somewhere in the realm of what you think a court will do. However, if mediation is giving you results that are the same as your worst day in court, you might as well litigate. Judges are there to resolve your case when you can’t, but the resolution is rarely to the satisfaction of what people think it should be. Your average run-of-the-mill bad conduct—even adultery—is usually not a huge issue with a judge. It’s human nature to think we are right but going to court won’t necessarily prove that.”
Later in the article, Brad said, “There are always two sides to the coin. With shortened time limits in the courtroom, it’s getting harder to illustrate a case when both parties are accusing each other of the same things.”
You can read more in the November 2021 issue of D Magazine, on sale now.