Cases that can (and should) settle early are generally cases where there is a degree of trust between the parties and a mutual desire for a respectful and dignified process.  The financial estate is clearly defined and can be apportioned with relatively little dispute.  Both parties love and care for their children and want to put aside their personal differences in order to keep the settlement discussions focused on their best interests.

However, many cases are not suitable for early mediation. No matter who the mediator is, these cases will not settle.  They often involve custody of small children between unmarried couples, or married couples with significant trust issues. They also involve complicated financial estates involving property and business valuations and long term alimony/support issues.

In such cases, a temporary hearing may result in an interim order that reveals the strengths and weaknesses of each party's case. Subsequent discovery and a guardian investigation will most certainly provide additional facts around which a good mediator can craft a settlement. Unfortunately it will take time and money to get here; usually 12-18 months and thousands of dollars in legal and guardian fees.

Will it be a Win-Win solution? From strictly a legal perspective, mostly likely it will be because all issues will have been settled out of court and by mutual agreement. From the litigants perspective, often times they will feel that they gave up too much or didn't get enough!

Guy Vitetta, Charleston