• Divorce cases represent some of the most emotional and challenging of all legal actions. Because of the nature of divorce cases, public policy and individual judges encourage parties to try to settle as many issues as possible to avoid the drama of a trial. There are a number of types of divorce settlements.
  
  

Direct Settlement

• One type of settlement in divorce cases is negotiated by the parties. A direct settlement in a divorce case is possible only when the couple is able to communicate reasonably with one another. While they do not have to enjoy discussing issues arising out of the case they must be civil in their conversations.
  A direct settlement is most likely to succeed when there are not a significant number of major issues to be considered. For example, a couple in a divorce case are more likely to succeed in negotiating a settlement if child custody and allocation of parenting time are not issues.
  
  

Attorney Settlement

• A significant number of divorce cases avoid ending up in trials because of the efforts of retained counsel to negotiate a settlement. Because of the emotional nature of divorce cases and the complexity of divorce law, men and women seeking a dissolution of their marriages tend to be best served by hiring experienced family law lawyers.
  
  The common practice for divorce attorneys is to work out a settlement of as many issues as possible in advance of a trial. Judges presiding in divorce court often have a settlement conference when the parties are represented by attorneys. Judges conduct these sessions to give a final push to counsel and clients to resolve outstanding matters in order to avoid a divorce trial.
  
  

Mediated Settlement

• Another course used to negotiate a resolution of a divorce case is a mediated settlement. Beginning in the 1980s, divorce or family courts began making wider use of the mediation process to resolve disputes in divorce, child custody and other types of cases.
  A mediated settlement requires an independent mediator. The couple meet together and individually with the mediator, who works with the pair to settle specific issues arising in the divorce action. Mediators exclude attorneys from most, if not all, mediation sessions.