Mistakes That Can Cause Problems for Divorce Mediation in Massachusetts
Mediation can be an effective tool for divorcing couples in Massachusetts. It helps couples work towards a split in a collaborative, low-conflict manner. That can save time, money, and emotional distress. Still, mediation can be challenging. Too many divorcing couples make avoidable mistakes that undermine the process. Here, our Massachusetts divorce mediation attorney highlights common mistakes that can cause problems during the mediation process.
Mistake #1: Failing to Make Complete and Accurate Financial Disclosures
To be truly effective, divorce mediation requires financial transparency. Indeed, the process
generally cannot produce a reliable settlement if either spouse negotiates without a complete understanding of the marital finances. Massachusetts follows an equitable distribution system under G.L. c. 208, § 34. In applying the law, courts may consider and assign a broad range of property interests, including real estate, investments, business interests, retirement accounts, pensions, deferred compensation, and other vested or nonvested benefits.
Mistake #2: Negotiating Without Understanding the Law in Massachusetts
Mediation gives spouses substantial control over the terms of their divorce, but that does not mean the governing law is irrelevant. A common mistake is negotiating exclusively from a preferred outcome without understanding what Massachusetts law would permit or what a Probate and Family Court judge might order. If you are preparing to negotiate a settlement in mediation, it is crucial that you understand your rights and your responsibilities under Commonwealth law.
Mistake #3: Not Understanding the Limits of Confidentiality in Divorce Mediation
Confidentiality is one of the major advantages of mediation. With that being said, spouses in Massachusetts should understand its legal scope. G.L. c. 233, § 23C protects qualifying mediator work product and communications made during and relating to mediation when the statutory requirements are satisfied. The statute also defines who qualifies as a mediator for purposes of that protection, including requirements concerning a written mediation agreement and the mediator’s training or professional qualifications. If you have any specific questions or concerns about confidentiality rules, an experienced Massachusetts divorce lawyer can help.
Mistake #4: Signing an Agreement Without Considering Enforcement and Modification
Reaching general agreement during mediation is not enough. You need an agreement that you can truly rely on. Along with other things, the final separation agreement must translate the settlement into precise and enforceable terms. Ambiguous language concerning parenting schedules, sale or refinancing of the marital home, allocation of debts, retirement-account division, tax obligations, alimony, or deadlines can create post-divorce litigation. As a general rule, a divorce mediation agreement should be negotiated and reviewed by an experienced attorney.
Contact Our Massachusetts Divorce Mediation Lawyer Today
At Reade Law Firm, PC, our Massachusetts divorce mediation attorney is standing by, ready to help. If you have any questions about the divorce mediation process, please do not hesitate to call us now or to contact us online to set up a strictly confidential consultation. Our firm handles divorce mediation throughout the broader region in Massachusetts.
Source:
malegislature.gov/Laws/GeneralLaws/PartII/TitleIII/Chapter208/Section34