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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

mediation vs therapy

Mediation vs Therapy: How Do I Know Which is Right for Me?

in ,

Many prospective clients associate mediation with attorneys. Because I am a family and divorce mediator with a social work background I am often asked about mediation vs therapy. While I draw on my skills and training as a social worker, my practice as a mediator is distinctly different from therapy. Mediation focuses on practical solutions to help families and individuals resolve conflicts and move forward, whereas therapy addresses emotional healing and personal growth.

What Is Family Therapy?

Family therapy, by contrast, is a process that delves into the emotional and psychological aspects of an individual or family’s experiences. A therapist is a trained mental health professional who helps clients explore feelings, understand patterns of behavior, and work toward emotional healing.

Key Features of Family Therapy:

  • Emotion-Focused: Therapy aims to address underlying emotions, trauma, or relational patterns that may be contributing to conflict.
  • Systemic Approach: The focus is on the family as a whole system, understanding how individual behaviors and emotions impact the group dynamic
  • Examine History: Family therapy often explores the family’s history and patterns over time to understand how past events and dynamics influence current relationships.
  • Professional Guidance: Therapists may offer insights, strategies, or advice to help clients navigate personal or relational challenges.

What Is Mediation?

Mediation is a structured, forward-focused process designed to help couples and families reach practical agreements on specific issues. A mediator acts as a neutral facilitator, guiding discussions to ensure that both parties have a voice and that decisions are made collaboratively.

Key Features of Mediation:

  • Goal-Oriented: The primary objective is to reach mutually acceptable agreements on matters such as parenting plans, division of assets, or elder care decisions.
  • Neutral Role: The mediator does not take sides or offer therapeutic advice. Their focus is on helping both parties communicate effectively and resolve disputes.
  • Time-Limited: Mediation sessions typically have a defined end point, with the process concluding once agreements are reached.
  • Confidential: Discussions in mediation remain private, encouraging open dialogue.

Mediation vs Therapy: Similarities

  • Conflict Resolution: Family therapy and mediation provide a forum to manage and resolve conflicts in a constructive manner.
  • Collaborative Process: The therapist and mediator works with all family members to identify and address shared goals and concerns.
  • Skill Building: The mediator and the therapist will sometimes teach skills like active listening, empathy, and effective communication.
  • Confidentiality: Both models provide a private process, with some exceptions related to abuse, neglect, and safety.

Mediation vs. Therapy: How to Decide Which is Right for You

While mediation and therapy can complement each other, they serve different purposes. Here are some scenarios to help you decide:

Choose Family Therapy If:

  • You’re struggling with intense emotions, such as anger, grief, or anxiety.
  • Family members are struggling to process shared emotional challenges or trauma together.
  • You want to address deeper personal or relational issues.
  • One or both parties are not yet ready to engage in solution-focused discussions.
  • There are unresolved patterns of behavior or emotional wounds within the family unit.
  • You need support in processing the emotional aspects of divorce or family conflict.

Choose Family and Divorce Mediation If:

  • You need to make specific decisions about divorce, co-parenting, or financial arrangements.
  • You want a neutral professional to facilitate constructive conversations.
  • You’re focused on resolving immediate, practical issues.
  • All participants are ready to work collaboratively toward an agreement.
  • You want to avoid the adversarial nature of court proceedings.
  • You want to explore how to move forward in a future-oriented way

Can Mediation and Therapy Work Together?

Absolutely. In fact, many families find that combining mediation and therapy provides the most comprehensive support. Therapy can help individuals process their emotions and improve communication skills, making mediation more effective. Similarly, mediation can provide clarity and structure, which can reduce stress and benefit the therapeutic process.

Final Thoughts

Deciding between mediation and therapy depends on your specific needs and goals. If you’re unsure, consider scheduling a free half-hour consultation with one of our mediators to discuss your situation.

Photo by Jens Lelie on Unsplash

Same-Sex Divorce Mediation

Read more

Family Conflict Mediation Services

Read more
co-parenting mediation flower representing hopeHopeful Stock photos by Vecteezy

Transformative Moments in Co-Parenting Mediation

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Co-Parenting Mediation: Setting the Stage

I recently ended a co-parenting mediation session between two unmarried parents, and the outcome they’re hoping for may transform their relationship in a way neither expected. Let me set the stage—this was not a low-conflict situation. They came to me for parenting mediation because of several significant issues:

  • The father had filed a restraining order against the mother last summer.
  • The mother lost income due to charges filed by the Commonwealth.
  • They have three children, ages 5 to 14, who primarily live with the father, though the mother has regular parenting time.
  • The father’s rent is below market value, but his lease isn’t being renewed, and he cannot afford to stay in the community.
  • The father believes the mother hasn’t been transparent about her financial situation in court.
  • The mother thinks the father is vindictive and trying to hurt her.
  • The father is considering moving out of state to live closer to family in a more affordable area.
  • The mother wants to be as involved in the children’s lives as possible.
  • The father dropped the restraining order the week before mediation began.

As you can see, this wasn’t a simple or cooperative dynamic.

Preparing for Co-Parenting Mediation

Before our joint mediation session, I met with each parent privately. These pre-mediation prep sessions are especially important when the conflict level is high. It gave each of them space to share their history and concerns with me without having to revisit it in front of each other. This approach can help shift the focus from rehashing the past to building a better future.

During these sessions, we explored their goals, communication styles, and what might trigger conflict. We also talked about what they both wanted for their children. Surprisingly, despite their differences, they shared many common goals:

  • Rebuilding trust.
  • Establishing more financial transparency.
  • Putting the children’s interests ahead of their own.

What a Moment!

When we came together for mediation, it became clear that the father had a lot he hadn’t said to the mother—things that could help them move toward a better co-parenting relationship.

With tears streaming down his face, he said:

“I believe I made the right decision to file the restraining order when everything happened. But I didn’t realize all the other problems it would cause. I’m sorry for the embarrassment you faced, for the money you lost because of your jobs. I’m sorry for what it’s done to our relationship. I’m truly sorry. I want to do what I can to help us get to a better place.”

It was an authentic apology—raw, heartfelt, and unexpected.

The conversation that followed wasn’t easy. They tackled difficult financial issues and explored out-of-the-box ideas to meet their shared goals. But something shifted in the room.

Moving Forward Together as Co-Parents

They have a lot of work ahead, but now they’re working together toward:

  • Rebuilding trust.
  • Establishing financial transparency.
  • Prioritizing their children’s well-being.

At the end of the session, the mother looked at the father and said, “I’m so glad you agreed to mediate with me. I feel relieved, and I know we’re going to figure this out. Thank you.”

The father looked up and said, misty-eyed, “Me too.”

 

 

Hopeful Stock photos by Vecteezy

divorce special needs mediation

Divorce and Special Needs

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Divorce and Special Needs Parenting 

Parenting children with special needs is complex, and made even more challenging when balancing it with a divorce.

There are so many questions. How do you divide time and responsibilities in a way that best supports your child? What type of parenting schedule will set your child up for success? How can you best coordinate services between two homes?

Divorce mediation is a process that allows you, as parents, to craft a plan that best meets your children’s needs. By doing so, the plan does not need to be cookie-cutter and can be developed with carefully consideration, together.

You can find below examples of how developing a parenting plan in a mediated divorce can be guided by your child’s unique needs.

Note, the examples are used for illustrative purposes only, and should not be construed as legal or clinical advice related to parenting children with disabilities.

Autism Example

Co-parenting a child with autism often requires consistency, structure, and clear communication. Many children with autism thrive on routines, so a parenting plan needs to account for that. Mediation allows you to work together on creating a schedule that minimizes disruptions—things like bedtimes, meal routines, and school pickups. For an elementary-age child who depends on predictable routines, having two parents aligned on these details can be a game-changer.

In mediation, you can also collaborate on special needs services like therapy or social skills groups. Instead of turning it into a tug-of-war, mediation makes it possible to build a united front. After all, there are only so many meltdowns you can take over switching dinner time from 6:00 to 6:15, right? And so developing a plan together can mitigate some of these predictable challenges.

ADHD Example

Middle school can be tough for any child, but when you add ADHD to the mix, it can be a whole new level of challenge. A child with ADHD—especially if they’re disorganized or struggle with focus—needs a parenting plan that keeps them on track across both households. Mediation allows you as co-parents to establish consistent expectations for each other–such as how to manage transferring schoolbooks, sports equipment, instruments and so on between homes. If communication between you is difficult without the help of a third-party facilitator, mediation also provides an opportunity to decide on expectations for your child across homes, like homework routines, organization strategies, and even how to handle screen time.

Through mediation, you can also discuss how to support your child with executive functioning challenges. Maybe one of you is better at helping with schoolwork, while they are great at fostering creative outlets—mediation lets you divide responsibilities based on strengths, not just splitting time down the middle.

Severe Medical Needs Example

High school brings its own challenges, and for parents of a child with severe medical needs, things can get especially tricky. Whether it’s managing doctor appointments, medications, or emergency plans, a lot of coordination is required. Mediation can help you agree on how to handle medical decision-making and communication with healthcare providers.

A parenting plan can also account for your work schedules and proximity to medical facilities, ensuring that your child’s medical needs are met without unnecessary stress. With mediation, you can fine-tune these logistics and even divide tasks like those never-ending calls to the insurance company, school, and state agencies.

Anxiety Example

Teenagers already dealing with significant anxiety, divorce can add to their stress. A high schooler with anxiety might need extra emotional support, and mediation can help you agree on how to best provide it—whether that’s ensuring consistency in therapy sessions, maintaining a calm and supportive environment, or even aligning on how you’ll approach big events like school dances (because “everyone is going, Mom!”).

In mediation, you can also discuss strategies for managing transitions between homes, which can be particularly stressful for anxious kids. Creating a plan, for example, that minimizes abrupt changes and offers plenty of reassurance might make a world of difference. No judge or attorney is going to know how best to reduce YOUR child’s anxiety, after all!

Transitioning-Age Youth Example

For parents of children with severe special needs, the transition to adulthood comes with unique challenges. In divorce mediation, care must be given to crucial issues such as guardianship, eligibility for government or private agency benefits, employment opportunities, social skills development, and even long-term custodial care. Unlike typically developing children—where child support and custody usually end at the age of majority or after college—parents of children with special needs may be looking at life-long caregiving responsibilities. Mediation allows both of you to address these long-term realities and create a co-parenting plan that ensures the best possible future for your child, even as they transition into adulthood.

Why Divorce Mediation Helps Parents of Children with Special Needs

One of the beauties of divorce mediation is its flexibility. Unlike court-imposed solutions, mediation allows you, as co-parents, to create a parenting plan that is uniquely tailored to your child’s needs. You can think through the little details, talk openly about concerns, and come up with solutions that work for your family—without the added drama of courtroom battles.

In the end, mediation offers a chance for you to focus less on the “divorce” part and more on the “parenting” part. After all, whether you are wrangling an ADHD middle-schooler or navigating life with a medically complex high-schooler, raising kids is already a full-time job. Working together in mediation, even if it’s hard, can set the stage for a plan that meets the special needs of your child and family.

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 Nathan Anderson on Unsplash

benefits of divorce mediation in massachusetts

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

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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

Young african american black woman relaxing and using laptop computer with white mockup blank screens

How to Divorce Online: Free Online Mediation Checklist

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Resolving divorce and family conflicts are more important now than ever during Covid-19. Thankfully, we live in an age of sophisticated technology. Zoom online mediation brings the mediation room to you!

I have provided virtual remote mediation for many years to accommodate clients living in different locations. And I have learned a lot about what makes for a successful Zoom mediation.

Online Divorce: Do’s and Don’ts

DO Plan Ahead

Mediating stressful conflict occurs best when you are comfortable, free of distractions, and have what you need to keep yourself calm. To that end, consider:

Location: Where can I have the most privacy? My bedroom? My office? My car? The basement?

Minimizing Distractions: Where will the kids be? What can they be doing outside of earshot? What about the dog?

Timing: How can I avoid needing to multi-task? Should I cook before or after? Can I clear my work calendar for two hours?

Comfort — Physically and Emotionally: What do I need to be comfortable? Can I fill up my water bottle in advance? Do I need something to fidget with? If I’m living with my spouse should we be together? Or separate rooms on different devices?

Preparation: Should I have paper and pen to take notes? Have I printed out forms that I need? Do I have a calculator available?

Technology: Am I familiar with Zoom (click here for Zoom tutorials)? Should I do a test call? Where do I have the strongest Wi-Fi connection? What device am I going to use? Do I need to start my video and audio settings?

 

Click for Free Online Mediation Checklist
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When Divorcing Online, Avoid…

Driving: Believe it or not, zoom driving happens. It’s dangerous! And distracting. If your car is the most private spot make sure you’re parked.

Being too Informal: It can be easy to loosen boundaries in the comfort of your own home. Remember, mediation typically occurs in a formal conference room — aim to present yourself as you would in my office!

Drinking Alcohol: In the comfort of your home it might be tempting to have a drink while mediating — if you wouldn’t do it in my office, don’t do it at home during mediation. It will interfere with your decision-making and compromise the process.

Inflammatory/Intimidating Backgrounds: Do not fiddle with weapons, cut vegetables with a sharp knife, have a photo of your new significant other in the background, or expose the other party to things that will increase tension, stress, and obstacles to good-faith negotiation.

A Word about Kids and Online Divorce Mediation

Mediating from home is hard, particularly for parents. Remember, it is in your kids’ best interest they are not exposed to:

  • Financial matters between parents
  • Court and legal matters between parents
  • Conflict, tension, and arguing between their parents

Make sure your kids are engaged in an activity out of ear-shot. If necessary, let me know that you need to take breaks to check-in with your kids..or if your kids walk in the room unexpectedly!

Balancing parenting, work, and a divorce from home is a tall-task. Part of my job is to make the process work for you — and that includes making adjustments so that online divorce and family mediation is as effective as in-person mediation!

What other recommendations do you have for how to mediate divorce during Covid-19 online? Please leave a comment!

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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

mediation vs therapy

Mediation vs Therapy: How Do I Know Which is Right for Me?

in ,

Many prospective clients associate mediation with attorneys. Because I am a family and divorce mediator with a social work background I am often asked about mediation vs therapy. While I draw on my skills and training as a social worker, my practice as a mediator is distinctly different from therapy. Mediation focuses on practical solutions to help families and individuals resolve conflicts and move forward, whereas therapy addresses emotional healing and personal growth.

What Is Family Therapy?

Family therapy, by contrast, is a process that delves into the emotional and psychological aspects of an individual or family’s experiences. A therapist is a trained mental health professional who helps clients explore feelings, understand patterns of behavior, and work toward emotional healing.

Key Features of Family Therapy:

  • Emotion-Focused: Therapy aims to address underlying emotions, trauma, or relational patterns that may be contributing to conflict.
  • Systemic Approach: The focus is on the family as a whole system, understanding how individual behaviors and emotions impact the group dynamic
  • Examine History: Family therapy often explores the family’s history and patterns over time to understand how past events and dynamics influence current relationships.
  • Professional Guidance: Therapists may offer insights, strategies, or advice to help clients navigate personal or relational challenges.

What Is Mediation?

Mediation is a structured, forward-focused process designed to help couples and families reach practical agreements on specific issues. A mediator acts as a neutral facilitator, guiding discussions to ensure that both parties have a voice and that decisions are made collaboratively.

Key Features of Mediation:

  • Goal-Oriented: The primary objective is to reach mutually acceptable agreements on matters such as parenting plans, division of assets, or elder care decisions.
  • Neutral Role: The mediator does not take sides or offer therapeutic advice. Their focus is on helping both parties communicate effectively and resolve disputes.
  • Time-Limited: Mediation sessions typically have a defined end point, with the process concluding once agreements are reached.
  • Confidential: Discussions in mediation remain private, encouraging open dialogue.

Mediation vs Therapy: Similarities

  • Conflict Resolution: Family therapy and mediation provide a forum to manage and resolve conflicts in a constructive manner.
  • Collaborative Process: The therapist and mediator works with all family members to identify and address shared goals and concerns.
  • Skill Building: The mediator and the therapist will sometimes teach skills like active listening, empathy, and effective communication.
  • Confidentiality: Both models provide a private process, with some exceptions related to abuse, neglect, and safety.

Mediation vs. Therapy: How to Decide Which is Right for You

While mediation and therapy can complement each other, they serve different purposes. Here are some scenarios to help you decide:

Choose Family Therapy If:

  • You’re struggling with intense emotions, such as anger, grief, or anxiety.
  • Family members are struggling to process shared emotional challenges or trauma together.
  • You want to address deeper personal or relational issues.
  • One or both parties are not yet ready to engage in solution-focused discussions.
  • There are unresolved patterns of behavior or emotional wounds within the family unit.
  • You need support in processing the emotional aspects of divorce or family conflict.

Choose Family and Divorce Mediation If:

  • You need to make specific decisions about divorce, co-parenting, or financial arrangements.
  • You want a neutral professional to facilitate constructive conversations.
  • You’re focused on resolving immediate, practical issues.
  • All participants are ready to work collaboratively toward an agreement.
  • You want to avoid the adversarial nature of court proceedings.
  • You want to explore how to move forward in a future-oriented way

Can Mediation and Therapy Work Together?

Absolutely. In fact, many families find that combining mediation and therapy provides the most comprehensive support. Therapy can help individuals process their emotions and improve communication skills, making mediation more effective. Similarly, mediation can provide clarity and structure, which can reduce stress and benefit the therapeutic process.

Final Thoughts

Deciding between mediation and therapy depends on your specific needs and goals. If you’re unsure, consider scheduling a free half-hour consultation with one of our mediators to discuss your situation.

Photo by Jens Lelie on Unsplash

Same-Sex Divorce Mediation

Read more

Family Conflict Mediation Services

Read more
co-parenting mediation flower representing hopeHopeful Stock photos by Vecteezy

Transformative Moments in Co-Parenting Mediation

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Co-Parenting Mediation: Setting the Stage

I recently ended a co-parenting mediation session between two unmarried parents, and the outcome they’re hoping for may transform their relationship in a way neither expected. Let me set the stage—this was not a low-conflict situation. They came to me for parenting mediation because of several significant issues:

  • The father had filed a restraining order against the mother last summer.
  • The mother lost income due to charges filed by the Commonwealth.
  • They have three children, ages 5 to 14, who primarily live with the father, though the mother has regular parenting time.
  • The father’s rent is below market value, but his lease isn’t being renewed, and he cannot afford to stay in the community.
  • The father believes the mother hasn’t been transparent about her financial situation in court.
  • The mother thinks the father is vindictive and trying to hurt her.
  • The father is considering moving out of state to live closer to family in a more affordable area.
  • The mother wants to be as involved in the children’s lives as possible.
  • The father dropped the restraining order the week before mediation began.

As you can see, this wasn’t a simple or cooperative dynamic.

Preparing for Co-Parenting Mediation

Before our joint mediation session, I met with each parent privately. These pre-mediation prep sessions are especially important when the conflict level is high. It gave each of them space to share their history and concerns with me without having to revisit it in front of each other. This approach can help shift the focus from rehashing the past to building a better future.

During these sessions, we explored their goals, communication styles, and what might trigger conflict. We also talked about what they both wanted for their children. Surprisingly, despite their differences, they shared many common goals:

  • Rebuilding trust.
  • Establishing more financial transparency.
  • Putting the children’s interests ahead of their own.

What a Moment!

When we came together for mediation, it became clear that the father had a lot he hadn’t said to the mother—things that could help them move toward a better co-parenting relationship.

With tears streaming down his face, he said:

“I believe I made the right decision to file the restraining order when everything happened. But I didn’t realize all the other problems it would cause. I’m sorry for the embarrassment you faced, for the money you lost because of your jobs. I’m sorry for what it’s done to our relationship. I’m truly sorry. I want to do what I can to help us get to a better place.”

It was an authentic apology—raw, heartfelt, and unexpected.

The conversation that followed wasn’t easy. They tackled difficult financial issues and explored out-of-the-box ideas to meet their shared goals. But something shifted in the room.

Moving Forward Together as Co-Parents

They have a lot of work ahead, but now they’re working together toward:

  • Rebuilding trust.
  • Establishing financial transparency.
  • Prioritizing their children’s well-being.

At the end of the session, the mother looked at the father and said, “I’m so glad you agreed to mediate with me. I feel relieved, and I know we’re going to figure this out. Thank you.”

The father looked up and said, misty-eyed, “Me too.”

 

 

Hopeful Stock photos by Vecteezy

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Divorce and Special Needs

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Divorce and Special Needs Parenting 

Parenting children with special needs is complex, and made even more challenging when balancing it with a divorce.

There are so many questions. How do you divide time and responsibilities in a way that best supports your child? What type of parenting schedule will set your child up for success? How can you best coordinate services between two homes?

Divorce mediation is a process that allows you, as parents, to craft a plan that best meets your children’s needs. By doing so, the plan does not need to be cookie-cutter and can be developed with carefully consideration, together.

You can find below examples of how developing a parenting plan in a mediated divorce can be guided by your child’s unique needs.

Note, the examples are used for illustrative purposes only, and should not be construed as legal or clinical advice related to parenting children with disabilities.

Autism Example

Co-parenting a child with autism often requires consistency, structure, and clear communication. Many children with autism thrive on routines, so a parenting plan needs to account for that. Mediation allows you to work together on creating a schedule that minimizes disruptions—things like bedtimes, meal routines, and school pickups. For an elementary-age child who depends on predictable routines, having two parents aligned on these details can be a game-changer.

In mediation, you can also collaborate on special needs services like therapy or social skills groups. Instead of turning it into a tug-of-war, mediation makes it possible to build a united front. After all, there are only so many meltdowns you can take over switching dinner time from 6:00 to 6:15, right? And so developing a plan together can mitigate some of these predictable challenges.

ADHD Example

Middle school can be tough for any child, but when you add ADHD to the mix, it can be a whole new level of challenge. A child with ADHD—especially if they’re disorganized or struggle with focus—needs a parenting plan that keeps them on track across both households. Mediation allows you as co-parents to establish consistent expectations for each other–such as how to manage transferring schoolbooks, sports equipment, instruments and so on between homes. If communication between you is difficult without the help of a third-party facilitator, mediation also provides an opportunity to decide on expectations for your child across homes, like homework routines, organization strategies, and even how to handle screen time.

Through mediation, you can also discuss how to support your child with executive functioning challenges. Maybe one of you is better at helping with schoolwork, while they are great at fostering creative outlets—mediation lets you divide responsibilities based on strengths, not just splitting time down the middle.

Severe Medical Needs Example

High school brings its own challenges, and for parents of a child with severe medical needs, things can get especially tricky. Whether it’s managing doctor appointments, medications, or emergency plans, a lot of coordination is required. Mediation can help you agree on how to handle medical decision-making and communication with healthcare providers.

A parenting plan can also account for your work schedules and proximity to medical facilities, ensuring that your child’s medical needs are met without unnecessary stress. With mediation, you can fine-tune these logistics and even divide tasks like those never-ending calls to the insurance company, school, and state agencies.

Anxiety Example

Teenagers already dealing with significant anxiety, divorce can add to their stress. A high schooler with anxiety might need extra emotional support, and mediation can help you agree on how to best provide it—whether that’s ensuring consistency in therapy sessions, maintaining a calm and supportive environment, or even aligning on how you’ll approach big events like school dances (because “everyone is going, Mom!”).

In mediation, you can also discuss strategies for managing transitions between homes, which can be particularly stressful for anxious kids. Creating a plan, for example, that minimizes abrupt changes and offers plenty of reassurance might make a world of difference. No judge or attorney is going to know how best to reduce YOUR child’s anxiety, after all!

Transitioning-Age Youth Example

For parents of children with severe special needs, the transition to adulthood comes with unique challenges. In divorce mediation, care must be given to crucial issues such as guardianship, eligibility for government or private agency benefits, employment opportunities, social skills development, and even long-term custodial care. Unlike typically developing children—where child support and custody usually end at the age of majority or after college—parents of children with special needs may be looking at life-long caregiving responsibilities. Mediation allows both of you to address these long-term realities and create a co-parenting plan that ensures the best possible future for your child, even as they transition into adulthood.

Why Divorce Mediation Helps Parents of Children with Special Needs

One of the beauties of divorce mediation is its flexibility. Unlike court-imposed solutions, mediation allows you, as co-parents, to create a parenting plan that is uniquely tailored to your child’s needs. You can think through the little details, talk openly about concerns, and come up with solutions that work for your family—without the added drama of courtroom battles.

In the end, mediation offers a chance for you to focus less on the “divorce” part and more on the “parenting” part. After all, whether you are wrangling an ADHD middle-schooler or navigating life with a medically complex high-schooler, raising kids is already a full-time job. Working together in mediation, even if it’s hard, can set the stage for a plan that meets the special needs of your child and family.

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 Nathan Anderson on Unsplash

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

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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

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How to Divorce Online: Free Online Mediation Checklist

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Resolving divorce and family conflicts are more important now than ever during Covid-19. Thankfully, we live in an age of sophisticated technology. Zoom online mediation brings the mediation room to you!

I have provided virtual remote mediation for many years to accommodate clients living in different locations. And I have learned a lot about what makes for a successful Zoom mediation.

Online Divorce: Do’s and Don’ts

DO Plan Ahead

Mediating stressful conflict occurs best when you are comfortable, free of distractions, and have what you need to keep yourself calm. To that end, consider:

Location: Where can I have the most privacy? My bedroom? My office? My car? The basement?

Minimizing Distractions: Where will the kids be? What can they be doing outside of earshot? What about the dog?

Timing: How can I avoid needing to multi-task? Should I cook before or after? Can I clear my work calendar for two hours?

Comfort — Physically and Emotionally: What do I need to be comfortable? Can I fill up my water bottle in advance? Do I need something to fidget with? If I’m living with my spouse should we be together? Or separate rooms on different devices?

Preparation: Should I have paper and pen to take notes? Have I printed out forms that I need? Do I have a calculator available?

Technology: Am I familiar with Zoom (click here for Zoom tutorials)? Should I do a test call? Where do I have the strongest Wi-Fi connection? What device am I going to use? Do I need to start my video and audio settings?

 

Click for Free Online Mediation Checklist
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When Divorcing Online, Avoid…

Driving: Believe it or not, zoom driving happens. It’s dangerous! And distracting. If your car is the most private spot make sure you’re parked.

Being too Informal: It can be easy to loosen boundaries in the comfort of your own home. Remember, mediation typically occurs in a formal conference room — aim to present yourself as you would in my office!

Drinking Alcohol: In the comfort of your home it might be tempting to have a drink while mediating — if you wouldn’t do it in my office, don’t do it at home during mediation. It will interfere with your decision-making and compromise the process.

Inflammatory/Intimidating Backgrounds: Do not fiddle with weapons, cut vegetables with a sharp knife, have a photo of your new significant other in the background, or expose the other party to things that will increase tension, stress, and obstacles to good-faith negotiation.

A Word about Kids and Online Divorce Mediation

Mediating from home is hard, particularly for parents. Remember, it is in your kids’ best interest they are not exposed to:

  • Financial matters between parents
  • Court and legal matters between parents
  • Conflict, tension, and arguing between their parents

Make sure your kids are engaged in an activity out of ear-shot. If necessary, let me know that you need to take breaks to check-in with your kids..or if your kids walk in the room unexpectedly!

Balancing parenting, work, and a divorce from home is a tall-task. Part of my job is to make the process work for you — and that includes making adjustments so that online divorce and family mediation is as effective as in-person mediation!

What other recommendations do you have for how to mediate divorce during Covid-19 online? Please leave a comment!

Ben Stich Mediator, LICSW, M.Ed

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