by Mr. Justice Harvey Brownstone
“Why is litigation such a damaging and destructive way to resolve parental disputes? The answer is simple: the court system is based on an adversarial process in which “winning” is the object of the exercise. Parents who should be on the same team for their children’s sake become hostile adversaries in a courtroom. They focus all of their attention and efforts on emphasizing each other’s shortcomings and failings over the life of the relationship. Some people point out that in recent years, efforts have been made by lawmakers and co9urts to soften the rules and treat family law cases with more humanity and sensitivity than other lawsuits. However, the fact remains that family litigiation is still litigation, and any lawyer or judge will tell you that a lawsuit is a most unpleasant and highly competititive way to resolve a dispute. If the parties to a lawsuit have to keep dealing with each other for many more years, as is the case with parents, the effects of litigation on their ability to do so amicably can be tragic and long-lasting. Believe me when I tell you that litigation is not a friendly exercise. But that is not the only reason why it should be avoided whenever possible.”
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