Broadly speaking, mediation, negotiation and litigation are the three processes available to a person involved in a marital separation. In many instances, the choice made by the person is not necessarily the most effective or most suitable for their circumstances. For many people, the choice of the process they will use to resolve their family law issues is dependent on the first family law professional they see — whether that is a counsellor, mediator or legal practitioner. The choice of process becomes the choice of the professional and not necessarily what is most appropriate for the client.
"Mediation, negotiation or litigation?,"
ADR Bulletin: Vol. 4
, Article 4.
Available at: http://epublications.bond.edu.au/adr/vol4/iss3/4