What are the benefits?
When it comes to resolving disputes, especially in family matters, going to court can sometimes be the best option. While it might seem daunting, there are several benefits to taking your case to court.
There are certain situations when going to court is the best course of action. For example, if there is a risk of harm to a child or if your ex is hiding assets in financial proceedings, involving the court may be necessary. In situations like these, the court can take immediate and robust action to protect your interests.
One of the biggest benefits of going to court is the finality and certainty it provides. When a judge makes a decision (or order), it is legally binding and enforceable. This means that everyone has to follow the order. Unlike other methods like mediation or arbitration, which will require a judge’s approval to become final and binding, a court decision is definitive.
Court orders are enforceable by law. This means that if you don’t comply with it, legal action can be taken against you to enforce it. An agreement that has been reached in mediation or through negotiation needs to be turned into a court order before it is binding and can be enforced. Having the ability to enforce an order - making someone do what they have been told to do - is really important. There is no point in getting your court order if it’s just going to be ignored.
Having a court order or judgment can also be useful if there are any future disputes. It can serve as a reference point. This can be particularly helpful in complex family law cases where similar issues might arise again.
Court proceedings follow a structured timetable, which can help in resolving disputes more efficiently. Knowing that there is a set schedule can encourage individuals to work towards a resolution within a specific timeframe. This can be a useful backdrop for other forms of dispute resolution, such as negotiation or mediation, as it provides a clear timeline for when things need to be resolved.
It's important to remember that starting court proceedings does not mean that the court has to determine every issue. In many cases, the court's involvement can be limited to specific issues where a judge's input is required. For example, the court can grant orders to secure assets or provide an indication of the likely outcome in financial proceedings, while the remaining issues can be negotiated or mediated.
