Litigation does not mean trial
The term “litigated” does not mean trial. In fact, 95% of all divorce cases reach a settlement agreement before the court renders a decision. The reason that litigation is the most common method of obtaining a divorce however is that most of the time, the decision to end the marriage is one-sided which disqualifies mediation or collaborative divorce as a first option.
Skillful negotiators are not susceptible to hard ball influence tactic
The most contentious parts of any divorce are usually coming to an agreement on a parenting plan, child support, spousal support, the division of assets and liabilities and payment of attorney fees. It is recommended that you retain a divorce attorney who is not only an experienced litigator but is also a highly skilled negotiator. A highly skilled negotiator will not be susceptible to the use of "hardball" influence tactics by a certain type of divorce attorney who is overly combative and ready to fight over anything and everything.
Good faith negotiation may not be enough
Most good divorce attorneys seek to come to a reasonable settlement with the other party. But if an expeditious resolution is not forthcoming because the other side is taking extreme positions and is being completely unreasonable then, litigation may be the only way to soften positions.
Enabling the judge in the black robe
The judge knows very little about you and your family but if you litigate you enable the judge to make final decisions about very private matters in your life. Most judges prefer that parties settle divorces privately through counsel as they will tell you at the first court conference. However judges are very good at dealing with unreasonable parties and settling matters in which the parties are not far apart.
Most divorces are resolved outside of court through negotiations. But if negotiations fail, you need to be prepared for trial, even if it feels like a catch 22 situation to obtain a fair result.