Divorce Mediation is an alternative to pursuing a contested divorce action. In mediation, the parties work together to create their own divorce agreement. The parties are assisted by a mediator, a neutral third party, whose job is to assist in facilitating an agreement. One key distinction in mediation is that the mediator does not represent either party. The mediator is trained in assisting parties to reach their own agreement.
What is the difference between mediation and litigation? Below are just a few of the key distinctions:
VOLUNTARY: The process is voluntary. Both parties must agree to participate in mediation and must be invested in the process.
CONFIDENTIAL: Discussions during the course of mediation are confidential. Neither party, nor the mediator, may later disclose the discussions during mediation. This confidentiality is so strong that mediators may not be deposed or called as a witness in a future court hearing.
CONTROL: The Parties, not a judge, determine the terms of the agreement that will shape their future. Who is better to decide your future than you and your partner? It is more beneficial to engage in the creation of a negotiated agreement than to let a judge issue an order that is not tailored to your situation. By its very nature, an agreement that you and your partner create is going to be more detailed and situation specific than an order issued by a judge. Agreements in which the parties have invested their time and efforts usually result in a higher percentage of compliance.
LESS EXPENSIVE: Attorneys are minimally involved in the process, resulting in less money being spent on legal fees. Parties are encouraged to seek counsel to review the agreement prior to signing, which typically involves a few hours of time.
MORE EXPEDITIOUS: Mediation and the filing of an uncontested divorce is a more expeditious process. The time frame from filing your uncontested paperwork until the date your divorce becomes final is approximately 5 months. On the other hand, a contested divorce, on average, can take one year or longer.
Why mediation? Mediation is an expeditious, cost effective method which translates into a much less stressful process for the parties involved. Atty. Catherine Becker Good is a professionally trained mediator who can assist you in resolving your case. Please contact our office to set up an appointment or to discuss the mediation process further.
Attorney Catherine Becker Good is a trained divorce mediator having completed forty-hours of mediation training in accordance with M.G.L. ch.233 § 23C.