Enlightened legislation must be drafted to provide opportunities for parents in dispute to resolve their differences in the least destructive way possible. Mediation, Irving notes, is child-focused. It helps parents develop a parenting plan that promotes co-operation and good will and encourages them to accept mutual responsibility for their children. Litigation, on the other hand, is often a win-lose situation. In litigation, the emphasis is on the individual rights of the parents and the kids get lost in the process.
Mediation gets the parents involved in a more positive way.
However mediation should be viewed as a rational alternative to litigation, not as a replacement. Mediation is not appropriate for divorcing parents in certain situations, specifically those that involve spousal or child abuse.