Litigation involves the use of the courts with each party retaining it s own legal representation.
With mediation, the parties agree to allow a neutral third party to assist them in developing a mutually acceptable plan. When non-traditional unions are terminated, a common reaction, especially in unions involving children, is to use litigation to determine custody issues. Family law attorney Joann Makous explains why it is in the best interests of both the gay and lesbian community as well as that of the children involved to use mediation to terminate these unions. . . . . . . . . . . . . . . . Of course, many lesbian or gay parents are not related to their children by biology, or to each other by marriage. Anti-Marriage Bill Status Report.