The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
From Irizarry v. Hayes, a New York trial court decision refusing to void a mediated divorce agreement:
To vacate this agreement and void the mediated plan agreed to years ago, would usher the court into the true role of a Monday morning quarterback, reshuffling the monetary cards in this long voided marriage, re-opening the personal and psychological wounds that accompany divorce disputes and foisting new costs into a marriage that ended two years ago. As judges know, it costs almost nothing to begin a marriage — a low fee license and a gratuity to the officiant (maybe). The court system should seek ways to shrink the cost of ending a failed marriage. Mediation, as in this case, is one of those preferred ways.