4 Common Myths About Divorce Mediation in Massachusetts
Even when a split is amicable, divorce itself is never a simple process. There are a number of issues the separating spouses need to resolve. One method for seeking resolution outside of litigation is divorce mediation.
While mediation is quite common in business disputes, it is often less well understood in the divorce context. Indeed, many people may have understandings about how mediation works and what it can, or cannot, accomplish. With that in mind, here are four of the more common myths we see about divorce mediation in Massachusetts.
1. A Mediator Is No Different Than a Judge
In a contested divorce case, a judge will hear evidence from both sides and decide any unresolved legal and financial issues between the parties. That is not the role of a mediator. A mediator’s function is to assist the parties in reaching an agreement that they can both accept and implement. The mediator is not there to judge, but to facilitate.
One reason some people might assume a mediator acts like a judge is they confuse mediation with arbitration. Arbitration is a form of alternative dispute resolution where the parties agree to have a third party decide their case. In that way, an arbitrator is like a judge. But again, that is separate from the role of a mediator.
2. Mediation Is Too Expensive and Takes Too Much Time
There are some costs associated with mediation, notably the mediator’s fees, but in most divorce cases it is far less expensive (and time consuming) to resolve issues through mediation over litigation. Depending on the nature of the divorce, litigation can mean months or even years of drawn-out proceedings. During this time both sides are paying legal fees and costs with no guarantee of how a judge will rule. In contrast, mediation can bring about a resolution in less time and at far lesser expense for everyone involved.
3. Mediation Is Not Actually Binding
Once the parties to divorce mediation reach an agreement, it is submitted to the court. If approved, the agreement then becomes part of the final divorce judgment. In that sense, the results of mediation are legally binding.
That said, it is important to understand that mediation is a voluntary process. Either side can choose to withdraw without reaching an agreement. So while mediation cannot force parties to reach an agreement, if they do so it can then be made legally binding with a judge’s approval.
4. You Cannot Have Your Own Lawyer in Mediation
Strictly speaking, Massachusetts law does not require parties to divorce mediation to have their own attorneys. But each party may still choose to retain their own counsel to provide independent legal advice alongside the mediation process.
Contact a Peabody Mediation Lawyer
If you think that mediation might be the best choice for your situation, it is best to seek out legal advice from people who specialize in this area of family law. At Reade Law Firm, PC, our Peabody mediation attorneys will be happy to walk you through the process. Call us today at 978-767-8383 to schedule a consultation.