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Divorce Podcast Answers the Question: What is Divorce Mediation?

“What is divorce mediation?” was the fundamental question I was asked by Gabrielle Clemens, the host of the Marriage is About Love, Divorce is About Love podcast. 

Recently, I had the pleasure of being a guest on Gabrielle’s podcast.

What is divorce mediation?

Gabrielle and I had a wide-ranging conversation about the heart of my work: helping people navigate divorce through mediation. If you’re wondering what is divorce mediation—especially when things are tense or high-conflict—this episode offers a deep dive into how the process works and why it’s often so effective.

At its core, mediation is about creating a path forward during a difficult time. It’s a structured, voluntary process where both people work with a neutral third party (that’s me!) to have productive conversations and make important decisions together. Mediation is private and confidential, giving couples the space to work through issues without the pressure of a courtroom or the risk of things being used against them later. It’s not about who “wins”—it’s about creating practical, durable agreements in a way that feels fair and respectful.

Myths about divorce mediation

One of the biggest myths I encounter is the idea that mediation only works if couples are already getting along. That’s not true. Mediation is designed to resolve conflict, not avoid it. My social work background has helped me develop an approach that works even when communication has broken down or emotions are running high.

During the interview, I explained how I structure the process to reduce tension and create space for constructive dialogue. Sometimes I will meet with folks for one-on-one prep meetings where each person can share their perspective and goals privately, before we begin joint sessions. We also talk through communication dynamics, hot buttons, and how to avoid getting stuck in old patterns.

Benefits of using mediation

As a mediator, I don’t take sides, give legal advice, or push my own opinions. I facilitate the conversation and help couples make informed, forward-focused decisions. My goal is always to empower both people to reach agreements that feel fair—not just now, but years down the road.

We also discussed how divorce mediation tends to be far less expensive than litigation. Further, mediation leaves the control and decisions in the hands of the parties. Whether we’re tackling parenting schedules, property division, or just one tricky issue that’s holding everything else up, mediation gives couples control over the outcome, instead of leaving it to attorneys or a judge.

Gabrielle asked if mediated agreements are more likely to be followed after divorce. My answer? Yes. When people create their own agreement—rather than having one imposed—they’re far more likely to stick with it. Mediation encourages cooperation and reduces the likelihood of ongoing conflict.

If you’re curious about whether mediation could work for you—or what it might look like in your situation—I’m always happy to talk. You can schedule a free consultation.

And if you’d like to listen to the full interview click the link above.

About Gabrielle Clemens: Gabrielle is a Certified Divorce Financial Analyst, commonly referred to as a CDFA, former divorce attorney, and author of Marriage is About Love, Divorce is About Money

The “Right Time” to Tell the Children About Divorce

Is There Ever a Right Time to Tell the Children About Divorce?

Have you ever delayed something because it didn’t feel like the “right time”?

Maybe you’ve told yourself, I’ll start going to the gym after this big project ends—I can’t mess this project up right now. It’s just not the right time.

Or perhaps you’ve thought, I’ll go on a diet once summer hits and the kids are at camp. I’ll have more time then.

This concept of waiting for the “right time” feels logical in the moment. But is it really? Or are we just using it as an excuse to delay tough decisions?

The truth is, it’s likely a mix of both. Depending on the circumstances, waiting might sometimes make sense. But often, waiting for the “right time” is a way to avoid something uncomfortable or challenging.

And this mindset can extend to much bigger life decisions—like the right time to divorce. This post isn’t about deciding whether to divorce, but rather about how to thoughtfully navigate the timing of discussions if that decision has already been made.

For many parents who want to divorce, it is excruciating to think about the impact of the divorce on the children. This stress leads to difficulty to decide the when…when to start the divorce discussions, when to tell the children, when to separate.

When Is the Right Time to Divorce and Tell the Children?

Let’s say you and your spouse have agreed separation or divorce is on the horizon. You and your spouse are concerned about the impact of household stress on the children. You may have wondered:

  • Should we separate while the kids are young, so they have more time to adjust?
  • Should we wait until they’re in high school, when they’re more emotionally mature?
  • Or should we hold off until they’re away at college, so they don’t have to see the day-to-day impact?

Or, have you ever had this looping thought:

  • I don’t want to tell the children in the summer so they can transition to school smoothly
  • I don’t want to tell the children in the fall because it could ruin the holidays
  • I don’t want to tell the children after New Year’s because I don’t want to ruin the vacation we have planned on school break
  • I don’t want to tell the children after vacation because their birthday is coming up
  • I don’t want to tell them in the spring so they are not distracted from ending the school year strong
  • I don’t want to tell the children after school ends because I don’t want to ruin their summer

…and now it’s another school year.

It’s natural to hope for a “right” time to minimize the disruption to your children. But here’s the hard truth: there is no perfect time. There are only different times. Each stage of childhood comes with its own set of challenges, and each offers a unique dynamic to consider.

The Impact of Conflict at Home

One of the most important factors to weigh is the level of conflict or tension in the home. Prolonged exposure to marital strife can have a lasting impact on children, regardless of their age. Some couples choose to work through their conflicts and find ways to improve their marriage by going to therapy or marriage mediation. Others decide that restructuring the family is the best path forward. Either way, whether your kids are toddlers or teens, growing up in a household filled with unresolved conflict and emotional stress can affect their emotional and developmental well-being.

“Leaving the Nest” Example

Some parents believe waiting until the children are older—perhaps until they’ve left for college—is the best route. The thought process goes something like this: If we wait, they won’t have to deal with the divorce while they’re still living at home.

On the other hand, some parents believe telling the children before college is the best route. That thought process goes something like: If we wait, they will be alone and isolated without support from their friends or family. 

No “Right” Time, Just Different Times

Rather than searching for the “right time” to talk, it’s more helpful to think about it in terms of timing that is most aligned with the well-being of your children and yourself. Divorce is difficult at any stage but so is staying in an unhappy or conflicted marriage. And it can be helpful to consider the impact of your children living in a household with parents who at best are functioning as roommates and at worst are in high conflict, exposing the children to tremendous stress.

Alternative Questions to “Is it the right time…”

  • What is the most thoughtful and compassionate way to navigate divorce?
  • Is it time to restructure our family and transform the marital relationship to a productive co-parenting relationship?
  • What supports should we have in place for our children before we tell them about the divorce?
  • How can we navigate a child-centered divorce process?
  • How can we get on the same page about them messaging to our children?
  • Who can we consult to get guidance and advice?

In the end, divorce isn’t about finding the “right” time. It’s about making sure that, whenever the time comes, your children’s emotional health and your own well-being are priorities.

There are only different times.

Do I Need a Divorce Attorney During Divorce Mediation?

Do I Need a Divorce Attorney During Divorce Mediation?

If you’re mediating your divorce, you may be asking: Do I need a divorce attorney during divorce mediation?

The short answer? No.

A divorce attorney isn’t required to participate in mediation.

But that doesn’t mean it’s not a good idea to speak with one.

In fact, I recommend it (with caveats–more on that below).

Think of it this way: in mediation, you and your spouse are far more in charge of the decisions—not lawyers, and not a judge. That’s one of the great opportunities mediation provides. To make the best decisions you can it is important to do so in the most informed way as possible. That’s where consulting with an attorney can help—especially to better understand your legal rights, responsibilities, and the long-term impact of your choices.

The role of a mediator vs. the role of an attorney

Divorce mediators help you have productive conversations and find common ground. We’re here to support both of you equally. But we’re not allowed to give legal advice.

Sometimes people get confused about the difference between legal information and legal advice. Mediators can provide legal information—like what the child support guidelines are or what the court process looks like. But mediators can’t interpret the law for your specific situation or recommend a particular course of action. That’s legal advice, and it can only come from your own lawyer.

What does it mean to work with a “mediation-friendly” attorney?

Here’s the caveat I mentioned. Some attorneys focus heavily on litigation—fighting things out in court. Others are more resolution-minded. A mediation-friendly attorney is someone who supports out-of-court solutions, and may even have mediation training themselves. They understand the goals of the process and won’t try to hijack it or create conflict that doesn’t need to be there.

Using a consulting attorney during mediation

You can hire an attorney in a limited capacity. You might consult with them to:

  • Give you advice about a tough issue, like alimony or parenting schedules

  • Review your Separation Agreement before you sign

  • Help you figure out whether a creative agreement is likely to be approved by the court

  • Draft or edit documents you’ll file

  • Join you for the final court hearing, if that feels supportive

This setup gives you the flexibility to get the help you need without the expense of a full-service divorce attorney.

Why talk to a mediation-friendly consulting attorney at all if you’re mediating?

  • It’s cost-effective. You only pay for what you need.

  • It gives you peace of mind. You’ll know you’re making informed decisions—especially if you’re waiving something like alimony.

  • It helps with court approval. Judges want to know that both people understood what they were signing.

  • It empowers you. Information is power and helps you make informed decisions–even if you don’t follow your attorney’s advice!

So… do you need a divorce attorney during divorce mediation?

Not necessarily but I recommend you do. Checking in with one—even just briefly—can help make sure you’re protected and confident in the decisions you’re making.

Divorce mediation is about finding a respectful, workable path forward. And for many couples, having an attorney as a behind-the-scenes support helps that path be steadier.

This post was adapted from Attorney Anthony Adamopoulos, a seasoned family law attorney specializing in collaborative approaches to divorce. To learn more about how Anthony can be helpful: https://www.divorcingoptions.com

Photo by Gabrielle Henderson on Unsplash

Divorce Mediation vs Litigation: Trading Hope for Certainty

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

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Transformative Moments in Co-Parenting Mediation

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 and Special Needs

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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Divorce Podcast Answers the Question: What is Divorce Mediation?

“What is divorce mediation?” was the fundamental question I was asked by Gabrielle Clemens, the host of the Marriage is About Love, Divorce is About Love podcast. 

Recently, I had the pleasure of being a guest on Gabrielle’s podcast.

What is divorce mediation?

Gabrielle and I had a wide-ranging conversation about the heart of my work: helping people navigate divorce through mediation. If you’re wondering what is divorce mediation—especially when things are tense or high-conflict—this episode offers a deep dive into how the process works and why it’s often so effective.

At its core, mediation is about creating a path forward during a difficult time. It’s a structured, voluntary process where both people work with a neutral third party (that’s me!) to have productive conversations and make important decisions together. Mediation is private and confidential, giving couples the space to work through issues without the pressure of a courtroom or the risk of things being used against them later. It’s not about who “wins”—it’s about creating practical, durable agreements in a way that feels fair and respectful.

Myths about divorce mediation

One of the biggest myths I encounter is the idea that mediation only works if couples are already getting along. That’s not true. Mediation is designed to resolve conflict, not avoid it. My social work background has helped me develop an approach that works even when communication has broken down or emotions are running high.

During the interview, I explained how I structure the process to reduce tension and create space for constructive dialogue. Sometimes I will meet with folks for one-on-one prep meetings where each person can share their perspective and goals privately, before we begin joint sessions. We also talk through communication dynamics, hot buttons, and how to avoid getting stuck in old patterns.

Benefits of using mediation

As a mediator, I don’t take sides, give legal advice, or push my own opinions. I facilitate the conversation and help couples make informed, forward-focused decisions. My goal is always to empower both people to reach agreements that feel fair—not just now, but years down the road.

We also discussed how divorce mediation tends to be far less expensive than litigation. Further, mediation leaves the control and decisions in the hands of the parties. Whether we’re tackling parenting schedules, property division, or just one tricky issue that’s holding everything else up, mediation gives couples control over the outcome, instead of leaving it to attorneys or a judge.

Gabrielle asked if mediated agreements are more likely to be followed after divorce. My answer? Yes. When people create their own agreement—rather than having one imposed—they’re far more likely to stick with it. Mediation encourages cooperation and reduces the likelihood of ongoing conflict.

If you’re curious about whether mediation could work for you—or what it might look like in your situation—I’m always happy to talk. You can schedule a free consultation.

And if you’d like to listen to the full interview click the link above.

About Gabrielle Clemens: Gabrielle is a Certified Divorce Financial Analyst, commonly referred to as a CDFA, former divorce attorney, and author of Marriage is About Love, Divorce is About Money

The “Right Time” to Tell the Children About Divorce

Is There Ever a Right Time to Tell the Children About Divorce?

Have you ever delayed something because it didn’t feel like the “right time”?

Maybe you’ve told yourself, I’ll start going to the gym after this big project ends—I can’t mess this project up right now. It’s just not the right time.

Or perhaps you’ve thought, I’ll go on a diet once summer hits and the kids are at camp. I’ll have more time then.

This concept of waiting for the “right time” feels logical in the moment. But is it really? Or are we just using it as an excuse to delay tough decisions?

The truth is, it’s likely a mix of both. Depending on the circumstances, waiting might sometimes make sense. But often, waiting for the “right time” is a way to avoid something uncomfortable or challenging.

And this mindset can extend to much bigger life decisions—like the right time to divorce. This post isn’t about deciding whether to divorce, but rather about how to thoughtfully navigate the timing of discussions if that decision has already been made.

For many parents who want to divorce, it is excruciating to think about the impact of the divorce on the children. This stress leads to difficulty to decide the when…when to start the divorce discussions, when to tell the children, when to separate.

When Is the Right Time to Divorce and Tell the Children?

Let’s say you and your spouse have agreed separation or divorce is on the horizon. You and your spouse are concerned about the impact of household stress on the children. You may have wondered:

  • Should we separate while the kids are young, so they have more time to adjust?
  • Should we wait until they’re in high school, when they’re more emotionally mature?
  • Or should we hold off until they’re away at college, so they don’t have to see the day-to-day impact?

Or, have you ever had this looping thought:

  • I don’t want to tell the children in the summer so they can transition to school smoothly
  • I don’t want to tell the children in the fall because it could ruin the holidays
  • I don’t want to tell the children after New Year’s because I don’t want to ruin the vacation we have planned on school break
  • I don’t want to tell the children after vacation because their birthday is coming up
  • I don’t want to tell them in the spring so they are not distracted from ending the school year strong
  • I don’t want to tell the children after school ends because I don’t want to ruin their summer

…and now it’s another school year.

It’s natural to hope for a “right” time to minimize the disruption to your children. But here’s the hard truth: there is no perfect time. There are only different times. Each stage of childhood comes with its own set of challenges, and each offers a unique dynamic to consider.

The Impact of Conflict at Home

One of the most important factors to weigh is the level of conflict or tension in the home. Prolonged exposure to marital strife can have a lasting impact on children, regardless of their age. Some couples choose to work through their conflicts and find ways to improve their marriage by going to therapy or marriage mediation. Others decide that restructuring the family is the best path forward. Either way, whether your kids are toddlers or teens, growing up in a household filled with unresolved conflict and emotional stress can affect their emotional and developmental well-being.

“Leaving the Nest” Example

Some parents believe waiting until the children are older—perhaps until they’ve left for college—is the best route. The thought process goes something like this: If we wait, they won’t have to deal with the divorce while they’re still living at home.

On the other hand, some parents believe telling the children before college is the best route. That thought process goes something like: If we wait, they will be alone and isolated without support from their friends or family. 

No “Right” Time, Just Different Times

Rather than searching for the “right time” to talk, it’s more helpful to think about it in terms of timing that is most aligned with the well-being of your children and yourself. Divorce is difficult at any stage but so is staying in an unhappy or conflicted marriage. And it can be helpful to consider the impact of your children living in a household with parents who at best are functioning as roommates and at worst are in high conflict, exposing the children to tremendous stress.

Alternative Questions to “Is it the right time…”

  • What is the most thoughtful and compassionate way to navigate divorce?
  • Is it time to restructure our family and transform the marital relationship to a productive co-parenting relationship?
  • What supports should we have in place for our children before we tell them about the divorce?
  • How can we navigate a child-centered divorce process?
  • How can we get on the same page about them messaging to our children?
  • Who can we consult to get guidance and advice?

In the end, divorce isn’t about finding the “right” time. It’s about making sure that, whenever the time comes, your children’s emotional health and your own well-being are priorities.

There are only different times.

Do I Need a Divorce Attorney During Divorce Mediation?

Do I Need a Divorce Attorney During Divorce Mediation?

If you’re mediating your divorce, you may be asking: Do I need a divorce attorney during divorce mediation?

The short answer? No.

A divorce attorney isn’t required to participate in mediation.

But that doesn’t mean it’s not a good idea to speak with one.

In fact, I recommend it (with caveats–more on that below).

Think of it this way: in mediation, you and your spouse are far more in charge of the decisions—not lawyers, and not a judge. That’s one of the great opportunities mediation provides. To make the best decisions you can it is important to do so in the most informed way as possible. That’s where consulting with an attorney can help—especially to better understand your legal rights, responsibilities, and the long-term impact of your choices.

The role of a mediator vs. the role of an attorney

Divorce mediators help you have productive conversations and find common ground. We’re here to support both of you equally. But we’re not allowed to give legal advice.

Sometimes people get confused about the difference between legal information and legal advice. Mediators can provide legal information—like what the child support guidelines are or what the court process looks like. But mediators can’t interpret the law for your specific situation or recommend a particular course of action. That’s legal advice, and it can only come from your own lawyer.

What does it mean to work with a “mediation-friendly” attorney?

Here’s the caveat I mentioned. Some attorneys focus heavily on litigation—fighting things out in court. Others are more resolution-minded. A mediation-friendly attorney is someone who supports out-of-court solutions, and may even have mediation training themselves. They understand the goals of the process and won’t try to hijack it or create conflict that doesn’t need to be there.

Using a consulting attorney during mediation

You can hire an attorney in a limited capacity. You might consult with them to:

  • Give you advice about a tough issue, like alimony or parenting schedules

  • Review your Separation Agreement before you sign

  • Help you figure out whether a creative agreement is likely to be approved by the court

  • Draft or edit documents you’ll file

  • Join you for the final court hearing, if that feels supportive

This setup gives you the flexibility to get the help you need without the expense of a full-service divorce attorney.

Why talk to a mediation-friendly consulting attorney at all if you’re mediating?

  • It’s cost-effective. You only pay for what you need.

  • It gives you peace of mind. You’ll know you’re making informed decisions—especially if you’re waiving something like alimony.

  • It helps with court approval. Judges want to know that both people understood what they were signing.

  • It empowers you. Information is power and helps you make informed decisions–even if you don’t follow your attorney’s advice!

So… do you need a divorce attorney during divorce mediation?

Not necessarily but I recommend you do. Checking in with one—even just briefly—can help make sure you’re protected and confident in the decisions you’re making.

Divorce mediation is about finding a respectful, workable path forward. And for many couples, having an attorney as a behind-the-scenes support helps that path be steadier.

This post was adapted from Attorney Anthony Adamopoulos, a seasoned family law attorney specializing in collaborative approaches to divorce. To learn more about how Anthony can be helpful: https://www.divorcingoptions.com

Photo by Gabrielle Henderson on Unsplash

Divorce Mediation vs Litigation: Trading Hope for Certainty

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

 

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Transformative Moments in Co-Parenting Mediation

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 and Special Needs

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.

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