While there is much debate in this year’s presidential election over the topic of same-sex marriage, the reality of the situation still stands: in most states, same-sex marriage is illegal and is not recognized by the courts as a legally sanctioned (and therefore, legally protected) status.  This means that same-sex couples who have cohabitated, shared property, raised children together and built a life together are not given the same legal means whereby to settle their property equally if the relationship fails.

In situations like this, mediation can be a wonderful tool to help settle property or custody disputes after a same-sex relationship ends.  Mediation has been proven to be a highly effective means to reach an agreement that is beneficial to both sides involved in the conflict, and is conducted by a third party who is non-biased and trained in mediation procedures.

Without legal protection, resolving a dispute involving the fair distribution of jointly purchased and jointly owned property can be a nightmare—particularly if the parties are not able to reach an agreement on how the situation should be resolved.  Litigation encourages further disagreement and bitterness, making it difficult to reach a satisfactory conclusion that works for both parties involved in the conflict.

Especially if the same-sex couple has children that they have raised together, determining custody arrangements, child support and visitation can be a tricky process.  A trained mediator will be able to assist the couple in opening channels of communication and allowing each party equal opportunity to explain his or her situation and needs regarding the dispute.

The best part about mediation is its discreteness.  When you litigate a case, your “dirty laundry” is essentially aired to anyone who wants to look into public records.  However, with mediation, your matter is kept private and in strict confidentiality, allowing you the opportunity to pick up the broken pieces and move on with your lives more quickly.