Lose-Lose?/Martin Rosenfeld, JD

Posted on January 26, 2020


According to Newser.com(January 15, 20200 David Ostrom sought to divorce in wife. He asked an Iowa court for permission to meet his wife, and her counsel, “on the field of battle”. His weapon of choice was a sword. To no one’s surprise, opposing counsel petitioned the Court to order a mental health evaluation for Mr. Ostrom.

The story about use of swords in divorce proceedings will not likely gain traction in this new decade. However, stories such as this one serves as a reminder that there must be a better way to get divorced in contemporary times. Having pitched battle during a divorce proceeding, literally or otherwise, is the ultimate Lose-Lose strategy. Win-Win is a more productive, and safer way to do business. Leave the duels to Zorro. If you prefer to depart a marriage with dignity and civility, mediation is the wise alternative. It truly works. It will lead to Win-Win. Isn’t that better than dueling on the field of battle?