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divorce mediation vs litigation is like rolling the dice

Divorce Mediation vs Litigation: Trading Hope for Certainty

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Divorce Mediation vs Litigation: Trading Hope for Certainty

Divorce can be one of life’s most stressful experiences, but the choice between divorce mediation vs litigation can make all the difference. When couples rely on litigation to resolve their disputes, they hand over control to attorneys and a judge who don’t truly know them or their families. Mediation offers an alternative—one where you and your spouse stay in control and co-create solutions that truly work for your family. It’s not about “trading hope” as much as it is about “gaining certainty.”

Let me share two stories that highlight the stark differences between divorce mediation vs litigation.

Story 1: A Parenting Schedule and Holidays

Litigation: Sarah and Mike are in a contested divorce action fight relying on their attorneys.  

Sarah wants to have Christmas morning with the kids every year, while Mike insists on keeping them for Christmas Eve and the morning as part of his extended family tradition. Their attorneys assure them the court will sort it out, but months go by due to a backlog in the court system. When the day finally comes, the judge issues a rigid cookie-cutter ruling: Sarah gets Christmas on odd years, Mike on even years—with no flexibility. Neither parent’s traditions are fully honored, and the lack of input leaves them both feeling sidelined. The kids, caught in the middle, are shuttled between houses without understanding why the holidays suddenly feel so fractured.

Mediation: Lisa and John are working with a divorce mediator.

They sat down with a mediator to work through their priorities for the holidays. The children love the tradition of Lisa hosting Thanksgiving for her extended family while the children have always enjoyed going with John to the local Thanksgiving high school football game. Likewise, while John cherished spending Christmas morning opening gifts with the kids, Lisa cared most about the children attending church on Christmas Eve. Together, they crafted a plan:

  • Thanksgiving:
    • Wednesday 5 PM through Thanksgiving at 12 with Mike, which enabled the children to go to the football game
    • Thanksgiving Day at 12 through Saturday morning at 9 with Lisa, which allowed the children to attend the family Thanksgiving (and gave Lisa some child-free time to get the house ready!)
  • Christmas:
    • Christmas Eve 12 PM through 8PM with Lisa every year, which allowed for the children to attend 4PM mass
    • Christmas Eve 8PM through December 26th 9AM with Mike every year, which allowed the children to continue the tradition of Mike dressing as Santa Saturday morning with a bag of gifts (and the day for the kids to play with their new toys)!

The result? A plan tailored to their family’s traditions, ensuring their kids felt stability and love during the holidays.

Story 2: What to Do with the Marital Home

Litigation: Rafael and Malik are fighting the court over what to do with their house.

Rafael wanted to keep it to maintain stability for the kids, while Malik felt selling it was the only fair solution. In court, their dispute dragged on for months, racking up legal fees. The judge ultimately ordered the home sold, leaving Rafael devastated and Malik equally frustrated. Neither felt the outcome reflected their needs.

Mediation: Maria and Tom have decided to hire a mediator.

Tom and Maria decided to work through the difficult decisions about their house because they believed that despite the hard feelings property issues don’t have to be a battle. With the mediator’s guidance, they decided to the following plan:

  • Maria would remain in the house for two more years so the kids could finish school
  • After two years she would sell it and split the proceeds.
  • Tom will receive a partial buyout upfront so he can move forward with relocating comfortably

This cooperative approach avoided the financial strain of litigation and ensured a solution both could accept.

Divorce Mediation–Even When Collaboration is Hard

Collaboration isn’t always easy—especially when emotions run high or trust is fractured. Even when the negotiation is stressful and challenging, there are usually ways to work through it. But even in higher-conflict situations, mediation provides a pathway to maintaining control over your future. Rolling the dice in court often leads to unpredictable and unsatisfying outcomes. Mediation, on the other hand, allows you to shape decisions that empower you. Taking ownership of the outcome—even when compromises are difficult—is far more rewarding than gambling on a judge’s ruling.

Divorce Mediation Can Lead to a More Certain Future

Mediation provides you and your spouse with something litigation rarely does: certainty.

Together, you create solutions that reflect your unique needs and goals. You save time, money, and stress—and most importantly, you maintain control of your future. Isn’t that a better trade?

Schedule a Free Mediation Consultation

 

Photo by Edge2Edge Media on Unsplash

Same-Sex Divorce Mediation

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Read more

Elder Mediation

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Read more

Postnup Mediation in Massachusetts

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benefits of divorce mediation in massachusetts

One of the Benefits of Divorce Mediation in Massachusetts: “Winning”

by

There are so many myths about divorce and divorce mediation.

Here’s one: Winning

Let’s be real: divorce should not be a contest. There are no shiny trophies at the end, no confetti raining down to celebrate who “won” the biggest chunk of the house, the kids, or the dog. In fact, if you’re in a mindset of “winning” in divorce, you’re likely to “lose”—lose more money, more time, more peace, and lose opportunity for your children to experience less stress.

Because here’s the truth—the only real win is a collaborative win, especially when it comes to your kids.

Winning Redefined: One of the Benefits of Divorce Mediation

In divorce mediation, it’s tempting to focus on getting the upper hand, but this can lead to unnecessary conflict and hurt. Instead, one of the benefits of divorce mediation in Massachusetts is that it offers a chance to rethink “winning” as creating solutions where both of you come out better than you thought possible.

Are you seriously telling me that divorce mediation is kumbaya?

Of course not. Divorce requires difficult decisions. After all, there are finite financial resources and a finite amount of time to spend with children. There are always gains and losses when it comes to divorce. But you can work together to create a balanced agreement where you both feel heard and respected. That’s the real win.

Examples of the Benefits of Redefining Winning in Divorce Mediation:

Parenting Example

Take parenting time. You could push for all the overnights or weekends, but will that really be best for your kids, or are you just trying to “win” the most time?

A true win-win might involve a flexible parenting schedule that prioritizes the kids’ well-being, giving them quality time with both parents. Maybe one parent has the kids during the school week, while the other gets more time during holidays and vacations. Maybe there are a lot of short periods of time with each parent because it’s best for the children to see each parent frequently. Or perhaps it’s better to have a schedule with as few transitions as possible because your child struggles with transitions. It’s about what works best for the family, not who gets the most time (your children are not possessions to be split up!).

Asset Division Example

Or, let’s talk think about asset division—a common battleground. Instead of fighting to keep the assets that are most important you why not work together to accomplish both your goals? Maybe one spouse stays in the house until the kids are out of school, and then it’s sold, with the proceeds split. Or you keep more retirement assets because retiring soon is your highest priority and your spouse keeps more equity in the house because perhaps homeownership is their highest priority.

Child Support Example

Then there’s child support. Instead of looking at support as a loss for you and a gain for them, think of it as ensuring both of you as parents can meet your children’s needs. Maybe it strictly follows the child support guidelines and maybe it’s structured creatively.

Creating Balanced Agreements is One of the Benefits of Divorce Mediation in Massachusetts

Divorce doesn’t have to be about beating your spouse—it can be about finding a way forward that works for everyone. A joint win means reaching agreements that honor your needs, respect your spouse’s interests, and—most importantly if you are parents—set your kids up for success.

So, no, there’s no “winner” in divorce. But with the right mindset, you can walk away with something that feels fair and equitable to both of you.

If you would like to learn more about how divorce mediation or collaborative law might help your situation please schedule a complementary half-hour divorce mediation consultation with Ben Stich or a member of his stellar mediation team.

Photo by Jelly Dollar on Unsplash

how divorce mediation helps couples divide assets fairly

How Divorce Mediation Helps Couples Divide Assets Fairly

by

Divorce is overwhelming for so many reasons, not the least of which are the financial implications of separating. Figuring out how to support two households instead of one and still accomplish your financial goals are parts of the challenges of divorce. While asset division is never easy, and hard decisions are required, this post will briefly explain how divorce mediation helps couples divide assets fairly and equitably.

What is asset division?

There is a common misconception that couples are required to divide everything equally. Not so!

Massachusetts follows the principle of “equitable distribution” when dividing property in a divorce. Equitable does not necessarily mean equal; instead, it means dividing assets fairly. The goal is to ensure a just outcome that might be 50/50 but not necessarily 50/50. 

All divorcing couples are required to disclose all financial assets and liabilities to each other and to the court using court financial statements. This includes financial accounts like bank accounts, investment accounts and retirement accounts and real property like the value of real estate, vehicles, and jewelry. All liabilities must also be disclosed. All assets and liabilities need to be addressed in the divorce agreement, which is called a Separation Agreement in Massachusetts.

How divorce mediation helps couples divide assets fairly

Your mediator will guide you through the financial disclosure process and ensure you have both reviewed the other’s financial statement. The mediator will then facilitate a discussion about your financial interests. Interests I often hear about in mediation include:

  • I’d like to be able to afford to be a homeowner
  • I want to be able to retire before I’m 70
  • I want to be able to put the kids through college
  • I want to get debt-free
  • I want to afford to move overseas
  • I’d like to stay in my community so I can remain connected to my congregation and friends

Once interests are determined it easier to work together to decide how to divide assets in way that is fair, reasonable, and equitable.

Consider this example from one of my mediations:

Spouse A wants to be a homeowner and plans to work “until I drop.” They have a large retirement savings from previous jobs.

Spouse B wants to retire at 65. They are a homeowner but have little retirement savings.

Option 1: Divide 50/50.

If they divided things 50/50 Spouse A would not have enough cash to be a homeowner and Spouse B would not have enough retirement savings to retire by 65. They would both lose!

Option 2: Make decisions based on interests.

By making interest-based financial decisions Spouse A received the house and spouse B received a very high percentage of the retirement assets.  Win-win!

Are there other financial issues we need to figure out in our divorce?

Yes! If you are parents decisions need to be made about child support and other child-related expenses like activities, uninsured expenses, and schooling. Spousal support, which is commonly known as alimony, may also be a consideration. Your mediator will guide you through all those decisions.

Can I change my mind about property division after the divorce?

No. All property division in a Separation Agreement functions as an independent contract (the legal term is “survives” the judgment of divorce). That means unless fraud was committed once assets are divided they cannot be undivided by the court. 

How can I learn more about how mediation can help us divide assets fairly?

If you would to learn more about how mediation can help you divide assets fairly schedule a free half-hour consultation with Ben.

Photo by Steven Van Loy on Unsplash

Pages

divorce mediation vs litigation is like rolling the dice

Divorce Mediation vs Litigation: Trading Hope for Certainty

by

Divorce Mediation vs Litigation: Trading Hope for Certainty

Divorce can be one of life’s most stressful experiences, but the choice between divorce mediation vs litigation can make all the difference. When couples rely on litigation to resolve their disputes, they hand over control to attorneys and a judge who don’t truly know them or their families. Mediation offers an alternative—one where you and your spouse stay in control and co-create solutions that truly work for your family. It’s not about “trading hope” as much as it is about “gaining certainty.”

Let me share two stories that highlight the stark differences between divorce mediation vs litigation.

Story 1: A Parenting Schedule and Holidays

Litigation: Sarah and Mike are in a contested divorce action fight relying on their attorneys.  

Sarah wants to have Christmas morning with the kids every year, while Mike insists on keeping them for Christmas Eve and the morning as part of his extended family tradition. Their attorneys assure them the court will sort it out, but months go by due to a backlog in the court system. When the day finally comes, the judge issues a rigid cookie-cutter ruling: Sarah gets Christmas on odd years, Mike on even years—with no flexibility. Neither parent’s traditions are fully honored, and the lack of input leaves them both feeling sidelined. The kids, caught in the middle, are shuttled between houses without understanding why the holidays suddenly feel so fractured.

Mediation: Lisa and John are working with a divorce mediator.

They sat down with a mediator to work through their priorities for the holidays. The children love the tradition of Lisa hosting Thanksgiving for her extended family while the children have always enjoyed going with John to the local Thanksgiving high school football game. Likewise, while John cherished spending Christmas morning opening gifts with the kids, Lisa cared most about the children attending church on Christmas Eve. Together, they crafted a plan:

  • Thanksgiving:
    • Wednesday 5 PM through Thanksgiving at 12 with Mike, which enabled the children to go to the football game
    • Thanksgiving Day at 12 through Saturday morning at 9 with Lisa, which allowed the children to attend the family Thanksgiving (and gave Lisa some child-free time to get the house ready!)
  • Christmas:
    • Christmas Eve 12 PM through 8PM with Lisa every year, which allowed for the children to attend 4PM mass
    • Christmas Eve 8PM through December 26th 9AM with Mike every year, which allowed the children to continue the tradition of Mike dressing as Santa Saturday morning with a bag of gifts (and the day for the kids to play with their new toys)!

The result? A plan tailored to their family’s traditions, ensuring their kids felt stability and love during the holidays.

Story 2: What to Do with the Marital Home

Litigation: Rafael and Malik are fighting the court over what to do with their house.

Rafael wanted to keep it to maintain stability for the kids, while Malik felt selling it was the only fair solution. In court, their dispute dragged on for months, racking up legal fees. The judge ultimately ordered the home sold, leaving Rafael devastated and Malik equally frustrated. Neither felt the outcome reflected their needs.

Mediation: Maria and Tom have decided to hire a mediator.

Tom and Maria decided to work through the difficult decisions about their house because they believed that despite the hard feelings property issues don’t have to be a battle. With the mediator’s guidance, they decided to the following plan:

  • Maria would remain in the house for two more years so the kids could finish school
  • After two years she would sell it and split the proceeds.
  • Tom will receive a partial buyout upfront so he can move forward with relocating comfortably

This cooperative approach avoided the financial strain of litigation and ensured a solution both could accept.

Divorce Mediation–Even When Collaboration is Hard

Collaboration isn’t always easy—especially when emotions run high or trust is fractured. Even when the negotiation is stressful and challenging, there are usually ways to work through it. But even in higher-conflict situations, mediation provides a pathway to maintaining control over your future. Rolling the dice in court often leads to unpredictable and unsatisfying outcomes. Mediation, on the other hand, allows you to shape decisions that empower you. Taking ownership of the outcome—even when compromises are difficult—is far more rewarding than gambling on a judge’s ruling.

Divorce Mediation Can Lead to a More Certain Future

Mediation provides you and your spouse with something litigation rarely does: certainty.

Together, you create solutions that reflect your unique needs and goals. You save time, money, and stress—and most importantly, you maintain control of your future. Isn’t that a better trade?

Schedule a Free Mediation Consultation

 

Photo by Edge2Edge Media on Unsplash

Same-Sex Divorce Mediation

by
Read more

Elder Mediation

by
Read more

Postnup Mediation in Massachusetts

by
Read more
benefits of divorce mediation in massachusetts

One of the Benefits of Divorce Mediation in Massachusetts: “Winning”

by

There are so many myths about divorce and divorce mediation.

Here’s one: Winning

Let’s be real: divorce should not be a contest. There are no shiny trophies at the end, no confetti raining down to celebrate who “won” the biggest chunk of the house, the kids, or the dog. In fact, if you’re in a mindset of “winning” in divorce, you’re likely to “lose”—lose more money, more time, more peace, and lose opportunity for your children to experience less stress.

Because here’s the truth—the only real win is a collaborative win, especially when it comes to your kids.

Winning Redefined: One of the Benefits of Divorce Mediation

In divorce mediation, it’s tempting to focus on getting the upper hand, but this can lead to unnecessary conflict and hurt. Instead, one of the benefits of divorce mediation in Massachusetts is that it offers a chance to rethink “winning” as creating solutions where both of you come out better than you thought possible.

Are you seriously telling me that divorce mediation is kumbaya?

Of course not. Divorce requires difficult decisions. After all, there are finite financial resources and a finite amount of time to spend with children. There are always gains and losses when it comes to divorce. But you can work together to create a balanced agreement where you both feel heard and respected. That’s the real win.

Examples of the Benefits of Redefining Winning in Divorce Mediation:

Parenting Example

Take parenting time. You could push for all the overnights or weekends, but will that really be best for your kids, or are you just trying to “win” the most time?

A true win-win might involve a flexible parenting schedule that prioritizes the kids’ well-being, giving them quality time with both parents. Maybe one parent has the kids during the school week, while the other gets more time during holidays and vacations. Maybe there are a lot of short periods of time with each parent because it’s best for the children to see each parent frequently. Or perhaps it’s better to have a schedule with as few transitions as possible because your child struggles with transitions. It’s about what works best for the family, not who gets the most time (your children are not possessions to be split up!).

Asset Division Example

Or, let’s talk think about asset division—a common battleground. Instead of fighting to keep the assets that are most important you why not work together to accomplish both your goals? Maybe one spouse stays in the house until the kids are out of school, and then it’s sold, with the proceeds split. Or you keep more retirement assets because retiring soon is your highest priority and your spouse keeps more equity in the house because perhaps homeownership is their highest priority.

Child Support Example

Then there’s child support. Instead of looking at support as a loss for you and a gain for them, think of it as ensuring both of you as parents can meet your children’s needs. Maybe it strictly follows the child support guidelines and maybe it’s structured creatively.

Creating Balanced Agreements is One of the Benefits of Divorce Mediation in Massachusetts

Divorce doesn’t have to be about beating your spouse—it can be about finding a way forward that works for everyone. A joint win means reaching agreements that honor your needs, respect your spouse’s interests, and—most importantly if you are parents—set your kids up for success.

So, no, there’s no “winner” in divorce. But with the right mindset, you can walk away with something that feels fair and equitable to both of you.

If you would like to learn more about how divorce mediation or collaborative law might help your situation please schedule a complementary half-hour divorce mediation consultation with Ben Stich or a member of his stellar mediation team.

Photo by Jelly Dollar on Unsplash

how divorce mediation helps couples divide assets fairly

How Divorce Mediation Helps Couples Divide Assets Fairly

by

Divorce is overwhelming for so many reasons, not the least of which are the financial implications of separating. Figuring out how to support two households instead of one and still accomplish your financial goals are parts of the challenges of divorce. While asset division is never easy, and hard decisions are required, this post will briefly explain how divorce mediation helps couples divide assets fairly and equitably.

What is asset division?

There is a common misconception that couples are required to divide everything equally. Not so!

Massachusetts follows the principle of “equitable distribution” when dividing property in a divorce. Equitable does not necessarily mean equal; instead, it means dividing assets fairly. The goal is to ensure a just outcome that might be 50/50 but not necessarily 50/50. 

All divorcing couples are required to disclose all financial assets and liabilities to each other and to the court using court financial statements. This includes financial accounts like bank accounts, investment accounts and retirement accounts and real property like the value of real estate, vehicles, and jewelry. All liabilities must also be disclosed. All assets and liabilities need to be addressed in the divorce agreement, which is called a Separation Agreement in Massachusetts.

How divorce mediation helps couples divide assets fairly

Your mediator will guide you through the financial disclosure process and ensure you have both reviewed the other’s financial statement. The mediator will then facilitate a discussion about your financial interests. Interests I often hear about in mediation include:

  • I’d like to be able to afford to be a homeowner
  • I want to be able to retire before I’m 70
  • I want to be able to put the kids through college
  • I want to get debt-free
  • I want to afford to move overseas
  • I’d like to stay in my community so I can remain connected to my congregation and friends

Once interests are determined it easier to work together to decide how to divide assets in way that is fair, reasonable, and equitable.

Consider this example from one of my mediations:

Spouse A wants to be a homeowner and plans to work “until I drop.” They have a large retirement savings from previous jobs.

Spouse B wants to retire at 65. They are a homeowner but have little retirement savings.

Option 1: Divide 50/50.

If they divided things 50/50 Spouse A would not have enough cash to be a homeowner and Spouse B would not have enough retirement savings to retire by 65. They would both lose!

Option 2: Make decisions based on interests.

By making interest-based financial decisions Spouse A received the house and spouse B received a very high percentage of the retirement assets.  Win-win!

Are there other financial issues we need to figure out in our divorce?

Yes! If you are parents decisions need to be made about child support and other child-related expenses like activities, uninsured expenses, and schooling. Spousal support, which is commonly known as alimony, may also be a consideration. Your mediator will guide you through all those decisions.

Can I change my mind about property division after the divorce?

No. All property division in a Separation Agreement functions as an independent contract (the legal term is “survives” the judgment of divorce). That means unless fraud was committed once assets are divided they cannot be undivided by the court. 

How can I learn more about how mediation can help us divide assets fairly?

If you would to learn more about how mediation can help you divide assets fairly schedule a free half-hour consultation with Ben.

Photo by Steven Van Loy on Unsplash

Ben Stich Mediator, LICSW, M.Ed

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