In this review I'm focusing on the role of the divorce professionals portrayed (which were horrifying) and what we can learn from Noah Baumbach’s The Marriage Story.

WARNING- spoiler alert.


The Marriage Story portrays the end of a marriage and there's a lot we can learn. It showed the pitfalls of litigation and therefore, how mediation could have resolved conflicts and saved this family a great deal of money. Baumbach explored the failure of communication and misunderstanding with outstanding depth.


The role of the mediator…

First of all, the mediator was so ineffectual. I'd never start a mediation by saying "It’s going to get very dark and difficult and I want you to have a piece of light and happiness to remember, during those dark times in this awful and difficult process." No wonder Nicole, the wife, stormed out.

People are nervous and sad, amongst other emotions, when they come to my office. I want to help them heal, breath, be reassured that they will have guidance and support so they can move forward. I want them to know we will help them figure out how to restructure their lives in a workable, fair and affordable way. We, as mediators, will stay with them till they come out the other side. 


Now for the attorneys….

I was stunned by how ineffective the divorce attorneys were at communication. Oblivious to their clients' feelings and pain, while their lives were in disarray and child’s welfare was up for grabs. 


Where did their marriage go wrong?

This marriage ended because Nicole felt Charlie's voice was so strong that she couldn’t hear her own thoughts. She didn’t know what she wanted when she was around him. Is this her husband's fault? Is this her fault? Most likely a combination of both.


Charlie bears some responsibility for failing to notice that Nicole didn’t contribute to their decision making. He was getting what he wanted and didn’t stop to think why. In a balanced relationship no one gets 100% of what they want. (Sorry to disappoint you, kids.) However, Nicole also has some responsibility for not communicating that she felt she didn’t have a voice in decisions. 


Somehow, the whole case gets whisked away to California…

Maybe Nicole did want to move to California. However, it seemed at the beginning of the film that she was going to do one job and planned to come back to New York, where she was a successful actor. Her attorney said, "We have to file suit here. Let’s set you up, enroll your child in school and make this a California case." Nicole didn't say "Yes, that’s what I want." nor did she say, "Wait, that isn't what I want." It didn’t seem to be about Nicole, it was what the attorney advised. Yet again her voice wasn't heard. Her relationship to her attorney mimicked the failed relationship with her husband.


The attorneys failed to ask important questions...

I never heard anyone say:

           “This is what litigation looks like.” 

           “This is what it might cost you.” 

           “You have to decide, do you want to move to California and take Henry away from his father and live here permanently? If yes, here's what that would look like. If we win, Henry will live with you. He'll see his father summers and school breaks, but he won’t really grow up with his dad."

           “And there’s a good chance you could lose. Your life and work is in New York, Henry's in school there, he’s lived his whole life in New York. Charlie lives and works in New York and may well be able to prove more easily to a judge that the focus of your lives are in New York.”

No one said these things to Charlie either. None of the California attorneys communicated to him his strong arguments for filing for a divorce in New York and seeking to have Henry back in there with him. Charlie's now relegated to a life where he'll spend hours each month on planes, with his work suffering, not to mention the cost, in order to be a part-time dad. 

   

So whose fault is it? 

Nicole seems to have no more of a voice in her divorce than she had in her marriage but neither did Charlie. To top it off, the lawyers probably each earned $100,000 in fees.

Near the end of the film, Nicole and Charlie sit down together for the first time, to try to discuss and resolve the divorce. As a mediator I was thinking great. What took them so long?

They discuss the costs of litigation. Nicole’s mother is taking out a home equity loan to pay her lawyer. Charlie's also broke. The litigation will hurt Henry’s college fund. They discuss the unpleasant invasiveness of the pending child custody evaluation. Nicole says, “Can we try to discuss this and resolve it ourselves?” However, they're unable to do so without a mediator to help them focus on the main topics such as, where they want to live long-term, what's best for Henry and their respective careers? 

Of course they're unable to stick to these important topics. They can’t resist accusations and blame, each wanting to feel more like a victim than a perpetrator. The conversation devolves into hitting below the belt, as one can only do with someone they've been this close with.

 

There are no winners here. 

Had they tried to have these important conversations with an effective mediator they could have been guided through that fight, avoid the viciousness. A mediator could have helped them express their hurts and fears, while focusing on the things that needed to be resolved in order to settle the case in a way that was fair to both of them and to Henry.

By Rachel Green July 21, 2026
The New York Times had a wonderful article on July 16, 2026, by Jancee Dunn, about how to fight with your partner. It seems to me that as a society, we have to face the fact that conflict is normal and inevitable in any intimate relationship. No two people are going to agree on every aspect of their lives and when you're sharing your life with someone, you're going to come face to face with aspects about which you are not in agreement. We don't see healthy exploration of conflict in movies and TV shows, unless it's a show specifically about family conflict. But it's never portrayed as a normal, everyday part of long term relationships, which it is. " Clashes are normal in relationships. How you handle those fights is key." The tools outlined are: Take a break when either of you get overwhelmed, including having a "code word," to signal that one of you is overwhelmed to a point where you can no longer speak/think rationally, and you need to stop and return to the conversation in - an hour? - a day? when you are calmer. No matter what, with this person who's your life partner, you don't let the conversation fall to the lowest level. No saying 'f-- you' - no cursing, no name calling and no yelling. You want to resolve this, not communicate to your partner that you no longer care about them. If you're going to share your life, you care about them even when they do what you know is totally the wrong thing. Body Language: It helps to fight during a walk outside or while you're lying down next to each other and not looking at each other. Changing your physicality can change your attitude, and can help your partner not to feel put on the spot or confronted. The final tip was not to expect your partner to be a mind feeder. If you're angry it's a sign that your needs have not been met so it's up to you to figure out what need you have that was not met. It's not your partner's job.
By Rachel Green July 6, 2026
I want my clients to feel informed, even when the information might not support them in getting the results they think that they want. Research has shown that children who have strong relationships with both parents, do best in life. These studies show that as long as children spend at least 1/3 of their time with each parent, they feel they have 2 parents, even though separated. However, if their basic schedule gives them less than 1/3 of the time (approx 10 nights a month) they feel like they have 1 parent who takes care of them - feeds them nutritious food, makes sure they do their homework and get to bed on time etc, and 1 parent who is uncle daddy or aunty mama. Some call them, the fun parent. The common argument between the work parent and the fun parent is... "You never have to rush around making lunches, check they did their homework, get them out the door in time for school / the bus. You waltz in here, pick them up, take them to softball on Saturday and go out to lunch. What a nice life. You get them rested and happy on the weekend. I get them for all of the hectic, pressured time." But the work parent, will also get all of the kudos for their kids' accomplishments. The work parent will have the closeness of knowing the children really well as they grow up - witnessing their struggles and dreams. Divorce gives parents the opportunity to step up. To have the kids without the other parent around, so then can really be a parent who really helps raise their children.
By Rachel Green May 18, 2026
I’m watching AppleTV's new show, Margo's Got Money Troubles. I was excited when a custody dispute arose and the couple were referred to mediation. Immediately I thought, fantastic, an opportunity to show the world how mediation can work. The mediator started by asking, tell me what are your goals for the process? Mark, why don't you start? I often open mediations with the same question and people respond with their long-term hopes… - We want our child to feel loved, safe, secure, even though her parents are in 2 homes. - I hope we can have a cordial relationship. My parents divorced and fought constantly. It was awful. I don't want our baby to have to live with that level of conflict. - I was hurt and angry, I felt blind-sided when we broke up. Now, 2 years have passed, I want to figure out how to forgive my ex and develop a business like, co-parenting relationship. - We get along. I don't want the divorce process to pit us against each other, as litigation would. Instead, Mark stated, (probably quoting legal papers), I want sole custody of the child. Then began yelling legal arguments. Margo yelled her legal arguments back and the whole thing fell apart. The mediator lost control of the process, and they got nothing from it. Worse - the mediator didn’t give Margo a chance to share her thoughts. In my office, I would have immediately interrupted Mark and said, yes, we will get to that further down the road, but the immediate question is what do you want out of mediation? I don't want to hear your legal arguments. I'm not a judge. I want to have a conversation on a human level. To be more specific, do you have a vision for the relationship you want with your child as he grows up? How you, as co-parents, want to interact with each other in front of him? (And - assuming he answered the question,) Margo, thanks for sitting quietly and listening while Mark had his turn. Now it's your turn. What would be your ideal result of mediation?
Lawyer deciding on custody of children.
May 13, 2026
Looking for a collaborative divorce attorney in Brooklyn, NY? Contact Resolutions Mediation and Collaborative Divorce Services today for expert support.
A professional sits with a clipboard, facing two individuals seated in armchairs during a consultation session.
March 18, 2026
Need family mediation services in Brooklyn, NY? Resolutions Mediation & Collaborative Divorce Services can help. Call (718) 965-9236 today.
By Rachel Green March 16, 2026
You and your spouse come to mediation together, whether it be in person or on Zoom. We go through a detailed checklist, to make sure we address everything, with the focus of you having a complete legal Settlement Agreement at the end. If you both want, we can also draft your Settlement Agreement. This puts everything discussed into a binding legal contract, that will be filed with the Court along with your divorce papers. Some people choose to work with an advisory attorney and prefer that their attorneys draft the agreement. If so, then your mediator will write a summary of your agreement, called a Memorandum of Understanding or MOU. In New York, the courts have a set of Uncontested Divorce Papers that have to be filled out and filed with the courts. We can create and file these papers for your both. 
By Rachel Green March 13, 2026
The costs of an average mediated divorce range from approximately $4,000 to $10,000. It’s a big range but there are a lot of variables. Can you and your ex talk without a third person present? Some clients can only talk in the presence of a mediator These clients usually require more sessions Do you have young children? If yes, there are issues to be discussed and resolved, before you have a legal settlement. Do you have complex finances? A lot of assets or debt? A house? A business? Mediated divorce costs fall into 4 categories. 1. Mediation sessions – billed by the hour 2. Costs of drafting a settlement agreement 3. Preparation and filing of divorce papers 4. The court’s costs of filing for divorce
By Rachel Green February 27, 2026
No one gets married to get divorced. People who come to my office are recovering from hurt and disappointment. The initiating partner was probably disappointed and hurt many times during the relationship. They may have been thinking about ending the marriage for a while but not acting on it. Some clients present as angry, but anger is a secondary emotion, which covers sadness, fear, shame, sorrow, hurt. Anger appears when someone isn’t getting their needs met. If we can identify what the needs are, the anger begins to dissipate. Although from a legal perspective, a case with a short marriage with no real estate and no children is a simple divorce. For the people going through it, there is no such thing as a simple divorce. For a while now I’ve worked with families in transition and there are cases that stay with me… The man who learned his wife of 6 years was infertile and hid it from him. He wanted children and talked about it frequently. His wife, as it turns out, didn’t. They recently separated and understandably, he’s devastated. The man who said, why would I want to have the kids at my house? It just gives her another night with her boyfriend. Conflicts about whether the relationship is open or not. The husband who learned his wife had a gambling disorder and lost $450,000. A couple dividing $47 million. The man who started an affair when his partner was 7 months pregnant. And of course, the many people who say, I know my kids need their other parent, we want to put them first. Shield them from the conflict, so they’ll be OK. Have compassion and take your time Divorce is a huge and scary transformation. My role is to listen, watch and remember to be sensitive. To not push a couple faster than they’re ready to go. I tell people that the timeline is theirs to create. We don’t want to rush to the wrong finish line. A friend and colleague of mine recently divorced, she told me how she needed a lot of time to digest the situation. It’s made her slow down and change the way she talks to clients. Now she understands in a new way. She understands the need to process, think, digest all the ideas being discussed, before being ready to make decisions.
Blue sky green hills wild flowers
By Rachel Green February 9, 2026
What is Mediation to Stay Married? Mediation to Stay Married or Marital Mediation is conflict resolution for couples who are experiencing marital problems but want to stay married. Conflict resolution skills are taught by a trained mediator. They’re used to identify issues, brainstorm and create options for breaking impasses, while improving communication and the understanding of the issues behind the conflicts. Once the source of conflict is understood, then a concrete plan of action can be developed. What’s the Difference Between Marital Mediation and Marital Counseling? Marital Mediation doesn’t delve into the psychological issues of the couple or individuals. If either is in therapy, they’re encouraged to continue, as Marital Mediation can’t take the place of counseling obtained from a licensed mental health provider. However, the two modes do work well together. Why See a Family Attorney Mediator Instead of a Divorce Attorney? An attorney mediator understands what what led to divorce. Many times, couples say, - We don’t know how we got here? – Emotions, anger and miscommunication, can set couples on the path to chaos. Often people don’t know of another option and jump the gun by going straight to the idea of divorce. However, the grass isn’t always greener and some leave a good marriage, as they just didn’t have the right skills. Many marital problems can flow from financial disputes and insecurities. Attorney Mediators are in a good position to analyze finances, understand legal options and assist in finding concrete solutions. They may also suggest using an independent financial neutral to identify and implement financial guidelines. Does Mediation to Stay Married Result in a Written Agreement? It’s your choice. Some couples like a written Memorandum of Understanding so it’s there in black and white. Some feel the verbal understanding is enough and a written one would be too intrusive. There’s also the option of a full-blown agreement, like a prenuptial agreement, reviewed by separate attorneys for each spouse. What Types of Issues Can Be Dealt with in Mediation? Financial issues. Issues of contribution. Job loss. Bankruptcy. Inheritance. Infidelity. Problems with children. Communication patterns. Moods. Emotions. Intimacy. These and many more can be discussed and resolved with the right guidance and by learning the right skills.
Smooth, undulating walls of orange and tan sandstone in a narrow slot canyon.
By Rachel Green January 14, 2026
Parenting Coordination is for parents who have difficulty implementing their parenting plans because of ongoing conflict. The goal of parenting coordination is to reduce conflict, avoid chronic litigation, while assisting parents in responsible planning and decision making with the focus on the wellbeing of their children. Some parents remain engaged in conflict even after separating. Divorce doesn’t solve all problems. Even though you both care deeply about your children and how to raise them, these conflicts can affect their wellbeing. In Parenting Coordination, you work with a trained specialist who can help shift perspectives, so both exes understand each other a little more. In the sessions we discuss and clarify what’s in the best interest of your children and how to implement these things. So, what’s the process? It starts with having brief separate meetings with the Parenting Coordinator, then we all meet together to work out how to resolve the conflicts in a timely manner. We promote safe, healthy and meaningful parent-child relationships. If needed and both parents want, we can also work on communication and co-parenting skills.
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