Divorce Mediation

A Popular Alternative to Traditional Divorce Litigation

By Shane Blundell

Mediation offers spouses the opportunity to resolve disputes and come to agreements regarding the myriad of issues with which they are faced without the stress, time-consumption, frustration, and impersonal approach which many people experience in an effort to resolve their separation issues with the court system. Husbands and wives often feel that mediation offers a far more civilized method of dispute resolution than can be offered by the over-burdened courts.

Growing in popularity in Massachusetts, divorce mediation is proving to be an effective alternative to traditional divorce litigation. Under the auspices of a jointly selected mediator or “neutral”, spouses negotiate the terms of their divorce, instead of retaining individual attorneys to do it for them. The couple then sits with a neutral, knowledgeable in divorce law, who acts as a guide and assists in facilitating resolution of the issues about which there is disagreement. Participants describe divorce mediation as more cost-effective than the traditional process and less acrimonious.

Unlike a judge in divorce court charged with settling otherwise irreconcilable conflicts, the divorce mediator does not issue any decisions binding on the couple, but instead offers the information necessary to allow couples to work through the legal and financial details of their divorce in a structured and cooperative setting. Studies have shown that couples who pursue mediation tend to be more satisfied with the results, and, as time passes, less likely to return to court to modify the settlement terms.

Divorce mediation also provides couples with a sense of ownership over the divorce process. Each step, from the initial divorce petition to the final settlement agreement, including the pace of negotiations, is largely controlled by the participants, rather than by opposing attorneys or judges with busy schedules.

Parties often mistakenly believe that they will be better off going to court where they can tell their side of the story to a judge whom they believe will sympathize with their position. In reality, most court orders are decided on technical aspects of the law, and only rarely offer litigants a chance to make an emotional appeal to a judge. In contrast, a skilled divorce mediator is trained to work through the hostility and distrust inherent in the divorce process, and can suggest a wide variety of approaches that may successfully resolve issues in novel ways. Unlike court-administered divorce, which often involves digging-up negative attributes of the opposing spouse in an effort to gain a competitive advantage, mediation accentuates the positive, helping couples recognize what common ground they may share in order to reach consensus.

Divorce through mediation can also be less traumatic on children, as they witness their parents working together in a more cooperative environment, rather than squaring-off with one another over what appears to be an endless string of divisive battles.

While a mediator will offer information to assist couples in making informed decisions, he/she cannot compromise his/her absolute neutrality by offering legal advice. Consequently, parties always have the right, and are frequently encouraged by the mediator, to consult with lawyers, accountants, actuaries, or other professionals during interims between sessions to counsel them regarding what may be in their best interests. At the conclusion of the mediation, the mediator will prepare a Separation Agreement, which each party is advised to have reviewed by an attorney before signing same.

After an agreement has been reached, it becomes the mediator's responsibility to prepare a written agreement suitable for filing with the Court. Each spouse should then consult an attorney before signing-off on the written agreement to ensure that the instrument reflects the understandings of the respective parties, and comports with Massachusetts divorce law. From there, the agreement is brought before a judge for final approval.

Like any tool, mediation may not be appropriate in every case. However, because mediation is a voluntary process, either side may choose to withdraw at any time and for any reason.

In addition to offering clients a complete range of domestic relations services, the law firm Parker Scheer LLP offers divorce mediation through a panel of highly distinguished neutrals, expert in Massachusetts divorce law.

Consultation with a Divorce Lawyer / Divorce Mediation

To schedule a confidential initial consultation with one of our divorce mediation lawyers, or if you are looking for a divorce lawyer in Massachusetts for other reasons, click here, or call our offices in Boston seven days a week at toll free 866-414-0400.