There is very little written on mediation for premarital or post marital agreements, perhaps because mediation has only recently become popular in family law matters. When viewing what a couple is trying to achieve with both of the agreements and the mindset most couples have (especially before entering into a marriage) mediation may be the perfect tool.
What is mediation? Mediation is a form of alternative dispute resolution used to avoid courtroom litigation. It is informal and always confidential, and it is an exceptional way to resolve legal matters of all types. Mediation is particularly helpful in cases of family law because it is usually faster and less aggressive than litigation.
Traditionally, most couples consulted with individual attorneys who drafted and negotiate premarital or post marital agreements. Mediation insures that both parties have input into the ultimate agreement reached, and they maintain equal bargaining power, with a balanced discussion. The mediator can then draft the agreement reflecting both parties’ wishes and requests, and the individual attorneys can simply review the agreements with each party in a fraction of the time and cost.