The question is void of a lot of facts. Obviously it is best to do whatever can be done in Bais Din. However, if one of the parties are non-compliant to negotiate in Bais Din, then there is no choice and the Bais Din will usually give a Heter to go to court.
People try to hide behind Halachah and say the side going to court are going against Halachah. In reality, they are the ones who avoid the Bais Din and think they can claim to be the righteous one by bad-mouthing the one going to Bais Din.
Bottom line: You need to know the facts. Obviously, first it must be worked out in Bais Din. However, if Bais Din sees it fit, they will give a Heter to go to court. Bais Din does not have the authority to force compliance that secular courts do.