Family law is a branch of litigation. One has to file the divorce in the Family Justice Courts in Singapore to end the marriage. Mediation is the first step in the Court process in the Courts. This shows that the preferred mode of dispute resolution is mediation and not litigation.
There is no value in litigating a divorce no matter how contentious it is, especially when the future of children is involved. I have always offerred Amicable Divorce solutions to clients in my family law practice – this is how I differ from many family lawyers. This is the best way to help divorcing clients.
Amicable Divorce solutions encompass the use of negotiation, mediation and collaborative family practice to resolve family disputes.
Clients must be encouraged by lawyers to use these solutions and resort to litigation as a last resort. So, it is really in the hands of lawyers whether their client engage in Amicable Divorce or litigation.
The family lawyer today is not a litigation lawyer. He is a dispute resolution lawyer. He wears three hats – mediator, collaborative lawyer and a litigation lawyer. He changes hats to fit the case.
I was once told by a client that I am more of a mediator rather than a litigation lawyer. Well, his case went on for 2 over years in litigation!