FSOD004: Jennifer Garner, Ben Affleck: Mediation not Litigation

From all accounts, Ms. Garner and Mr. Affleck are trying to mediate the issues in their divorce. Certainly it seems to have made a difference. We don’t read or hear in the news allegations flying back and forth. And with all the media sources competing for news, you can be sure that any tidbit would be trumpeted.

Probably the main reason for the lack of coverage is that mediation is confidential. Other than for specific exceptions, everything discussed in mediation is confidential. Compare that to a court proceeding, which is open to the public.

Many states require mediation if the case is being litigated. But there is nothing to prevent you from trying mediation as soon as possible, like Jennifer Garner and Ben Affleck. Who knows, you might settle the case or at least resolve some issues. And that can only benefit you and your children.


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