Separation and divorce of parents have become a reality for many children. Based on findings from divorce research, it is shown that the law often fails to achieve what is best for the child. Mediation is a helpful alternative. However, separating couples are often trapped in a self-reinforcing system that makes voluntary decisions for mediation impossible. Therefore, various points of reference for a commitment to attempt mediation are examined for their constitutional admissibility, and their concrete implementation in the Family Court Act (FamFG) is proposed. Additionally, developments through the Mediation Act are included, and further need for action, such as mediation cost assistance, is highlighted.