Confidentiality

Can our mediator represent either of us an attorney in a divorce proceeding or give us legal advice after the mediation is over?

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No. The mediator’s role in a divorce mediation is as a neutral third party who urges spouses to listen to each other’s needs, creatively craft solutions that are mutually beneficial, and compromise in ways that ensure everyone’s future success and well-being. Directly representing either you or your spouse during the mediation would destroy this neutrality. … Can our mediator represent either of us an attorney in a divorce proceeding or give us legal advice after the mediation is over?

Will the mediator meet separately with each of us during the sessions?

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During a mediation session, it not unusual for a mediator to split the spouses and meet with each spouse separately, provided each spouse agrees to this arrangement. Speaking separately with each spouse helps the mediator better understand each spouse’s separate concerns, worries, and goals. Spouses often have their guard up in the presence of other … Will the mediator meet separately with each of us during the sessions?

Are mediation sessions confidential?

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In Massachusetts, the confidentiality of the divorce mediation process is protected by law. This can make a huge difference in your divorce because some very intimate details about your marriage are bound to come up in the process. If this happens in a divorce litigation, those details will often be included in a court filing, … Are mediation sessions confidential?