At mediation they still had a lawyer, it was just faster to get it done than waiting two years until a trial date could be set only to settle it all on the court house steps. I was objecting to legal counsel. Quite frankly for most minor bodily injury cases back home a smart person could research cases and settlements and then pay a lawyer just to assess the insurer's offer. The lawyers (some are ok with it) but not always the insurers depending on who they assign as counsel.
Pre-nups will never take away the anger and fighting in the event of an ugly split up even if accepted by the courts. It is better in my view to try family mediation as no one can see 10 years out as to how a marriage will play out or what the children's situation will be when some might not even be born.