Traditional Process

Sometimes called the “litigation process” this process is for couples who want to proceed according to procedures found in statutes and to preserve the option of a judge hearing evidence and making decisions.

  • Involves a trial in front of a judge or jury or could involve preparing for trial but reaching an agreement prior to the actual trial date
  • Involves Indirect negotiation between the parties through their lawyers and possibly in mediation prior to the trial date
  • Involves parties exchanging information relevant to the issues through a formal discovery process governed by the Texas Rules of Civil Procedure
  • Works best when privacy is not an issue
  • Works best when parties want to their lawyers to control the lawsuit and to make decisions
  • Works best when parties want to utilize the Texas Rules of Civil Procedure to send formal discovery
  • Works best when parties want to retain their right to go to trial before a judge or jury (even if they settle ultimately)
  •  Works best if a party is incapable of taking responsibility for his or her choices
  • Works best in those cases where decisions must be made and parties cannot or will not agree
  • A judge and/or jury hears evidence and makes final decisions
  • Parties usually have lawyers
  • Parties usually employ other experts to provide information and advice, and to testify at trial, and those experts become advocates for their clients’ respective positions
  • Parties usually stake out trial positions and send settlement proposals back and forth
  • Lawyers needed for advice, advocacy and to draft judge/jury’s ruling and appropriate closing documents
  • If the case settles prior to trial, it may be more or less expensive than other dispute resolution methods; if case goes to trial before a judge or jury, it is the most expensive way for families to resolve disputes
  • For more specific information about the Tradition or Litigation Process, click here.