Massachusetts Divorce Mediation Frequently Asked Questions (FAQs)
Below, please find answers to frequently asked questions about divorce mediation in Massachusetts.
Need a Massachusetts Divorce or Family Law Mediator?
Do you need a mediator for your divorce or family law case? Our statutory mediators are experienced family law professionals who have resolved hundreds of divorce and family law cases across Massachusetts over the last twenty years. If you need a mediator for your Massachusetts divorce or family law case, please call us at (781) 253-2049. We provide virtual mediation services via Zoom.
During divorce mediation, there are three individuals involved: two spouses and a mediator.
The role of each spouse in divorce mediation is to negotiate fairly and calmly, and be ready to listen and accept solutions that he or she might not have come up with on his or her own. This cooperative attitude is the backbone of the mediation process, and if one spouse fails to cooperate, mediation becomes far more difficult to accomplish successfully. This is why it is so important for each spouse to take their role as a negotiator seriously, and to give the process a chance to produce results.
As for the mediator, his or her role is varied, with mediators frequently customizing their approach depending on the needs of the spouses in the divorce mediation. One of the main roles of a mediator is as a referee or observer of the discussion. By acting as a neutral third party, the mediator serves as the meeting organizer – bringing both spouses into the conversation and moving it along productively – and communication facilitator. However, the mediator also serves to educate the spouses of the issues that should be resolved, and whether their proposed solutions overlook or adequately solve problems that often come up during and in the years following a divorce.
Finally, part of a mediator’s role is to use their experience and knowledge of the divorce process to inject practical wisdom into the divorce at issue by asking pointed questions, using solutions from prior mediations as examples, and sometimes even by serving as devil’s advocate to challenge a potentially weak proposal for the purpose of making it stronger.
Category:
Because the mediator is a neutral third party whose role is to help the parties come to their own agreement, mediators cannot make decisions about the divorce on behalf of either spouse or help one spouse at the expense of the other. This includes giving legal advice during the mediation. Additionally, the mediator cannot require a spouse to take a specific action, like agree to a proposed solution or even be present at one of the mediation sessions, by placing sanctions or other penalties on the non-performing spouse.
These limitations gives the divorce mediation process its hard-earned reputation for flexibility and fairness. By having a mediator who can only facilitate, not dictate, how negotiations progress, mediation allows the spouses to develop their own solutions to their own unique situation.