Rob and I do not have a crystal ball in the middle of our mediation room. It is plain and simple: we cannot predict what will happen once our divorcing clients leave the room to head to court. We can make generalizations about how judges tend to come to their findings. These generalizations are informed by what has traditionally been the decisions made in run-of-the-mill cases.
Many people find themselves in mediation for one of two reasons.
- They don’t want to litigate; or
- They believe their circumstances warrant a not-so-run-of-the-mill approach
While we at Holistic Mediation will honor either of these objectives (or a blend of the two), we can’t assure you–with 100% confidence–that your agreement will be accepted by the judge. We can tell you that we’ve never heard of any “rejected” agreement. This gives us feedback that what we draft for couples is considered by the judge as “fair and reasonable given the circumstances.”
Let us caution anyone who is being told, “I can write your agreement in a way that will be accepted. Guaranteed.”
That sort of statement implies a knowledge of events which have not yet occurred. We believe making those sorts of “I’m 100% confident that the judge will sign off on this” is not only not responsible, it’s also not possible.
If you have come to a point in your search for a way to civilly come to an end of your marriage, we suggest trying mediation for all of its challenges and empowerment. The process is tried and true, unlike the guesswork of gazing into a sphere of glass.