Mediating a Cohabitation or Marriage Contract

Parties who find themselves wanting a cohabitation agreement or marriage contract will quickly find that those discussions are sensitive and emotionally charged. Sometimes there is additional pressure exerted on the parties by family who recommend such a contract be put in place.

It is vitally important that the parties be able to communicate the reasons why one or both may want such a contract as a precondition to living together or marrying. They both need to be clear as to their expectations and intentions for such a contract. These discussions need to be handled in a sensitive way, exploring the reasons and need for a contract and exploring options that may be available to meet both parties interests and needs.

Mediation may be a process that the parties might find most suitable to discussing and negotiating a cohabitation agreement or marriage contract. 

The mediator is a neutral facilitator who is trained in interest based negotiation. The one thing the parties will wish to avoid is an adversarial approach to such discussions . The mediator can assist those discussions in a collaborative process that will focus on interests , needs and options rather than strictly looking at rights.

Those who find themselves in such a situation may wish to consider using a mediator to assist in developing an agreement that is fair and reasonable to both parties.