Mediation vs. Litigation:  “A Superior Alternative to Court” — Family Law as a Case in Point

Do you know anyone who has been through the traditional adversarial, lawyer vs. lawyer divorce process who had anything  good to say about it? There are no satisfied customers!

Divorces rarely involve legal issues – just problem solving issues involving finances and parenting. On average, only about  2% of  the traditional divorce cases proceed to a full trial. People in the traditional adversarial process settle after exhausting themselves emotionally and financially, and to avoid “rolling the dice” with a judge. Sadly, they sign settlement agreements that they don’t like, just to put an end to it.

If you’re going to settle, why not use a process designed for agreements, rather than a system preparing for a trial that almost never occurs?

I became a mediator over 25 years ago out of a desire to help people find a better way to resolve disputes. I am passionate about mediation. Whenever possible, I refuse to participate in the destructive, expensive, adversarial, lawyer versus lawyer divorce process. Around the United States, Western Europe, Australia, Israel, New Zealand, Australia and Canada, millions of couples have turned to mediation instead of court. Judges would be the first people to urge you to mediate instead of litigating. In many states and other nations, couples must mediate before setting foot in court, except in an emergency. You’ll rarely find a divorce lawyer volunteering to use the adversarial process to resolve his or her own divorce.

Featured Services

Dispute Resolution Services

Blog and Video

See More


Jerry was a great mediator on our matter. Even when tensions are high, he was able to keep a calm and productive discussion going. He listen…
J.B., Former Client
Mediation provided a viable option to allow my ex-husband and me to discuss matters regarding the educational oversight of our children on m…
Chris C., Former Client
I have known Jerry Kessler as a colleague for over 20 years and know him as a professional of the highest integrity. Jerry is an exceptional…
Perri E. Mayes, Former president, Association for Conflict Resolution Director, Mediation Program, University of Wisconsin Law School, Madison
Jerald is a talented mediator who immediately makes people feel comfortable and willing to resolve problems in a respectful and productive m…
Ralla Klepak, Attorney
I hired Jerald Kessler to help manage my mediation for my divorce in 2010. Jerry was fair and impartial during our meetings, as well as kind…
Mary F., Former Client
Jerry’s skills as a practitioner of family law go well beyond his significant skills as an attorney. Jerry is also recognized by attorneys…
Elliot Heidelberger, Senior Counsel to the law firm of Sullivan-Taylor and Gumina