Divorce Mediation
Process

If you hire any Massachusetts mediator, including my firm, to help with your divorce, this is the role of the mediator:
  • A mediator does not decide what is fair and equitable in a divorce. The mediator helps the couple splitting up come to an agreement that the courts will accept and that is compliance with Massachusetts divorce law. The starting place for mediation is the family court laws. Often in mediation the couples end up with an agreement that is similar to what the courts would find is equitable, but at much less fighting, time and expense. If the mediated agreement deviates too far from standard legal standards the courts do not have to accept the agreement.
  • Attend an initial meeting with your spouse where you work with the mediator to identify all issues that need to be resolved. Before that meeting, you and your spouse will gather all relevant documents, including financial statements, tax records, any previous agreements (such as prenuptial agreements), and other records relevant to a final agreement.
  • In subsequent meetings, you and your spouse will work through the identified issues with the help of the mediator. Depending on your circumstances, these issues can include division of assets and debts, child custody, child support, alimony (spousal support). A mediator will help you negotiate such issues, helping you find common ground that allows you to achieve a fair resolution. This can take one or two meetings over a few weeks or months, or many meetings over any months or years. It all depends on your situation.
  • At the end of the process, if you have arrived at an agreement on all the issues, the mediator will draft the settlement agreement. You can then take it to probate and family court, where the judge will review and approve your divorce. However, if you cannot resolve all the issues through mediation, you will need to try the case in court