While most know mediation is used for child custody, visitation, and settling court cases before trial, there are lesser known uses that are beneficial. One such is for developing Prenup Agreements.

Prenups are legal agreements that detail for couples who plan to marry how they’ll divide their assets during marriage and in the event they separate. Some assume prenups are only for celebrities and very wealthy individuals. But any couple can benefit from developing a plan, which can save money spent later if the marriage should end. In fact, most couples find a prenup strengthens their communication and relationship. Those whose parents had a difficult divorce are typically more aware of the need for these legal contracts.

Couples who use a mediator to help develop a prenup often use the session to agree not only on the division of assets, but to discuss other issues, such as having children, living arrangements, vacation preferences, and other lifestyle choices, that if not adressed in advance can later be the source of conflict.

Legal requirements for prenups vary by state. After an agreement is reached the parties must have an attorney draft the contract consistent with their state’s laws.

Typically, when spouses are involved in court cases, they are referred to as “Petitioner” or “Respondent” by judges, court staff, and attorneys.

In legalese, a Petitioner submits a formal application to a court requesting judicial action and a Respondent is required to answer or defend themselves in response. These are similar terms to Plaintiff and Defendant, which typically contribute to people assuming adversarial mindsets.

California’s Governor Gavin Newsom recently signed Senate Bill 1427 to provide parents in 2026 the option to no longer need use those adversarial labels unless a contested hearing is requested.

It makes a difference when parents no longer need to refer to one another as Petitioner and Respondent, but instead simply by their names. This change can reduce any distance and hostility the language creates because it’s John and Jane Doe who are dealing with their issues, not John as Petitioner and Jane as Respondent.

Words can create a mindset and avoiding adversarial ones can result in participants coming to agreements.