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How can I find a good mediator?

Check out Nicole’s blog, “Tips for Finding the Right Divorce Mediator for Your Family”, for a nice overview of this subject. Finding a divorce mediator that works for both you and your spouse by encouraging fruitful discussion and advancing agreement is a big factor in the outcome of a mediated divorce. Unfortunately, mediators cannot simply […]

Are mediated divorces better for children than litigated divorces?

While every situation is different, mediated divorces are generally better for the children involved than if the divorce goes through litigation. Mediated divorces provide an opportunity for the parents of a child to come up with parenting plans that are uniquely suited for the child’s well-being and for the ability and resources of each parent. […]

Is divorce mediation appropriate for same-sex couples?

Yes. Same-sex marriage has been legal in Massachusetts for well over a decade. All of our mediators have handled same-sex divorces in the mediation or litigation context, and while some of the dynamics of same-sex divorces can differ from opposite-sex divorce, these differences are generally minor.   Where same-sex marriage was legalized in Massachusetts in […]

Are there some cases that should not go through mediation?

The short answer is yes, there are some cases that are not well-suited for mediation. However, it is important not to jump to conclusions about where mediation is more flexible and adept that many people give it credit for. There are three main classes of cases that are unsuitable for mediation: (1.) Extremely contentious cases […]

Will our mediated divorce agreement be enforceable?

Divorce agreements that are made through the mediation process are just as enforceable as agreements that are the product of litigation, or judgments entered by a judge after trial. Throughout the mediation process, the mediator’s goal is to craft a well-written divorce agreement that is free of ambiguity or uncertainty. In this regard, a mediated […]

Does it take both spouses to initiate a divorce mediation?

Both spouses need to be ready and willing to mediate, but it is not absolutely necessary that you each initiate mediation together. Our office tries to meet with a couple together to ensure you are both engaged in the process, and to avoid any perception favoritism at the early stages of a mediation. Our office […]

Can we mediate even if we have already retained attorneys?

Absolutely. Like most divorce mediators, we suggest that spouses review their final mediated divorce agreement with an experienced family law attorney who represents only that spouse’s interests. Moreover, for divorces that involve complex financial issues or other complicated factors, it may be helpful for spouses to secure private attorneys as mediation coaches. An attorney acting […]

Who is responsible for initiating a divorce mediation?

This is a bit of a trick question. In most instances, either spouse can identify a mediator, call or email the mediator’s office, and schedule an initial meeting. However, many mediators are careful to avoid speaking with one spouse without the other present, particularly at the earliest stages of a mediation, to avoid any perception […]

Can my spouse and I mediate our divorce if we don’t get along?

It is not necessary for spouses to get along for divorce mediation to be successful. The first and most important ingredient in any divorce mediation is a shared desire by both spouses to avoid the litigation process. From this single shared goal flows a series of shared interests and desires that are often obscured by […]