How Each Side Can Win In These 3 Common Legal Situations

Originally published by Bob Kraft.

The U.S. judicial system is by its nature adversarial. This is a fact in cases involving issues like child custody, contract disputes, and criminal cases. With that recognized, there are some strategies that can be employed that permit the parties to these types of cases to both enjoy certain benefits through the settlement of a particular dispute or matter.

How Each Side Can Win a Child Custody Case

Child custody issues represent some of the most legally challenging and emotionally trying matters in the judicial system. Both parents involved in a custody dispute can obtain benefits by settling the matter without formal court proceedings.

A settlement saves the parents time and money. Significantly, by reaching a settlement of a child custody dispute, the subject child’s life will be less disrupted.

How Each Side Can Win a Contract Dispute

Contract disputes represent one of the more common types of business cases. Contract disputes can end up the subject of lawsuits. However, negotiations of issues between the parties can provide some real benefits to the parties.

A negotiated settlement permits the parties to a contract dispute the ability to avoid the time and expense of a lawsuit. In addition, through negotiations, each party to a contract dispute is likely to achieve at least some important objectives.

How Each Side Can Win a Misdemeanor Case

A misdemeanor is the least serious kind of crime that can be charged in the U.S. judicial system. Nonetheless, a person charged with a misdemeanor can face serious consequences if a case goes to trial and ends up getting convicted.

The vast majority of criminal cases in the United States, including misdemeanors, are resolved through a settlement and plea agreement. Both sides to a misdemeanor case can benefit from a settlement of a case. Both the prosecuting attorney and the defendant can benefit from a plea agreement.

The state or prosecutor benefits because taxpayer money is not expended on a trial. In addition, a settlement of a case saves time, which is in limited supply in a prosecuting attorney’s office. A defendant benefits from a settlement of a misdemeanor case as well. A defendant is likely to obtain a more favorable sentence via a plea agreement.

In many ways, the U.S. judicial system is designed for negotiations and the settlement of cases. Oftentimes through the negotiation and settlement process, both parties to a case enjoy real benefits.

This article is from Brooke Chaplan, a freelance writer and blogger. She lives and works out of her home in Los Lunas, New Mexico. She loves the outdoors and spends most her time hiking, biking and gardening. For more information contact Brooke via Twitter @BrookeChaplan.

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