Are there Different Styles of Divorce Mediation in Massachusetts?
As explained by the Massachusetts Court System, divorce mediation is a form of alternative dispute resolution (ADR) that is focused on cooperative, non-adversarial problem-solving. It is a flexible process. There are actually different styles of mediation in Massachusetts. Most people focus on facilitative divorce mediation, but others may prefer an evaluative or even transformative process. Here, our Massachusetts divorce mediation lawyer discusses the different styles of mediation.
You Can Choose the Style of Divorce Mediation that is Best Suited for Your Case
Facilitative Divorce Mediation
Most divorcing couples in Massachusetts opt for a pure facilitative mediation. Indeed, it remains the dominant model used in Massachusetts family law cases. The mediator does not impose a solution or evaluate legal positions. Instead, he or she manages the process, identifies issues, and keeps both parties engaged in productive negotiation. That means that the spouses control the outcome at every stage. The mediator may ask targeted questions to surface issues and interests, but his or her purpose is facilitation. A purely facilitative mediator may take a very restrained approach.
Evaluative Divorce Mediation
The role of the mediator is to help divorcing couples find a mutually workable agreement. With that being said, some people want the mediator to weigh in. Evaluative mediation introduces a more directive role. The mediator assesses positions against Massachusetts law and typical court outcomes. With this type of style, many evaluative mediators are experienced family law attorneys or even former judges. They may address likely rulings on alimony under Massachusetts law. Still, the mediator does not have decision-making authority.
Transformative Divorce Mediation
Transformative mediation shifts focus away from settlement pressure. The mediator works to improve communication and restore each party’s sense of agency. The process matters as much as the outcome. Most often, it is parents who share young children or teenagers who prefer this style of mediation. Parties explore underlying conflict tied to co-parenting, trust, or long-term decision-making. It is an approach that can influence parenting plans evaluated under the best interests standard in Massachusetts custody law.
You Can Choose a Hybrid Style of Divorce Mediation
Many Massachusetts mediations blend elements from multiple styles. A mediator may begin with facilitative techniques, then shift into evaluative feedback when negotiations reach an impasse. Lawyer-assisted mediation adds another layer. Ultimately, every divorce mediation case is different. The specific circumstances always matter. Divorce mediation should be adjusted to meet the needs of you and your spouse. The right style can help you move towards a settlement agreement.
Contact Our Massachusetts Divorce Mediation Attorney Today
At Reade Law Firm, PC, our Massachusetts divorce mediation lawyer is a compassionate, experienced, and solutions-focused advocate for clients. If you have any questions about mediation, we can help. Contact us today for a completely confidential consultation. As leaders in divorce mediation, our firm is prepared to go the extra mile for clients. With an office in Peabody, we handle divorce mediation in Essex County, Middlesex County, and throughout the region.
Source:
mass.gov/info-details/about-mediation