The Massachusetts Divorce Mediation Process Explained: A Beginner’s Guide

The Massachusetts divorce process can be anxiety-inducing and, at times, frustratingly complex. Even with a skilled attorney to guide you through litigation, a trial can be incredibly expensive and time-consuming. Fortunately, there are ways to simplify the process. If you are looking for a more amicable divorce process, mediation may be a viable option for you and your soon-to-be-ex. Before diving into whether mediation is right for you, let’s break down what exactly mediation is and how the process generally works.

What is Divorce Mediation?

Divorce mediation is a voluntary and confidential process where a neutral mediator facilitates a number of sessions meant to help a divorcing couple come to an agreement on the logistics of their separation. The mediator is an unbiased third party who is not meant to represent the interests of either spouse, but rather helps identify areas of interest that the couple should discuss and make decisions about before finalizing their divorce. In the Massachusetts divorce mediation process, the mediator acts as both a source of information on Massachusetts divorce laws and a calm voice to keep negotiations on track. A good mediator is well-versed in recent divorce legislation changes in addition to alternative dispute resolution methods.

Mediation sessions may include topics like child custody, parenting plans, child support, alimony, and division of assets and debts. It’s okay if you and your soon-to-be-ex don’t agree on everything going into a mediation session. In fact, that’s exactly what mediation is meant to resolve! Mediation sessions grant a degree of flexibility in location, time, and other factors that might help keep stress levels lower than a full litigation trial.

Mediation offers the couple full control over the decisions and outcomes of their divorce. Your mediator is not there to convince you or your spouse to sign any agreements, but rather to help maintain a sense of calm throughout your conversations and prepare your final agreement for the court. For many couples, mediation may be preferable to having the court make major decisions that greatly affect each party’s future because it puts the power in the spouses’ hands. It can also allow couples to maintain a degree of confidentiality and informality that more involved processes like litigation may not offer.

The contested divorce process involves a (generally) lawyer-led litigation process, which can be challenging and costly. In many cases, mediation can save time and money compared to litigation and may also foster better communication between parties moving forward. Even in cases where a lack of communication was one of the determining factors in the decision to divorce in the first place, having a skilled mediator can reduce the tension surrounding the divorce process and offer both parties the chance to come to an amicable agreement. Because the separation process often provides the foundation for a co-parenting relationship, a more amicable divorce process and respectful negotiations can set the stage for co-parents to focus on what is best for their children, and work together to support the best environment possible for them.

The parties may choose to be represented by counsel throughout the mediation process, although it is unusual for attorneys (other than the neutral mediator) to attend Massachusetts divorce mediation sessions. Rather, if desired, a party can meet or speak with their attorney between sessions for guidance in formulating goals and reviewing possible points of agreement. Most mediators strongly recommend that each party have the agreed-upon separation agreement reviewed by independent counsel before filing with the court. Depending on the complexity of the case and the confidence of the party, many people can successfully complete mediation with minimal attorney involvement beyond mediation sessions.

If an agreement is reached, the mediator will put the terms in a written document outlining each party’s obligations. This agreement will be submitted to the court for approval and, once approved, will become enforceable.

The Role of a Divorce Mediator

Because the divorce mediation process can be more flexible than other types divorce, your mediator will determine much of the mediation process. Ultimately, a mediator is there to help you navigate the mediation process, guide you and your soon-to-be-ex through productive negotiations, and ensure that any and all agreements reached are in compliance with Massachusetts divorce laws.

Read More: What Does a Divorce Mediator Do?

How Does Divorce Mediation Work in Massachusetts?

Divorce mediation involves a number of mediation sessions facilitated by a neutral mediator in which both parties meet to discuss topics such as asset division, custody arrangements, child support and alimony in order to finalize a separation agreement and complete the divorce process.

We break down the Massachusetts divorce mediation process and provide a general mediation timeline in our FREE Mediation E-Book but the mediation process involves a number of sessions in which the separating couple and their chosen mediator work through relevant issues, seeking to come to an agreement on topics such as division of the marital estate, child custody, alimony, and child support (you can also find a more extensive list of topics you may want to cover in the e-book).

Mediation Pros and Cons

We’ve already talked about a few reasons mediation can be great (it can be less expensive, quicker, and a way to maintain a degree of amicability throughout the separation), but it’s also important to acknowledge the circumstances in which mediation might not be right for you. Depending on your case specifics, mediation may be more cost-effective, quicker, and help you and your soon-to-be-ex establish a strong foundation for co-parenting strategies.

How Long Does Divorce Mediation Take?

You can learn more about how long your divorce mediation process could take by downloading our FREE divorce mediation timeline and checklist.

How Much Will it Cost?

The cost of your Massachusetts divorce mediation will depend on a number of factors including the complexity of the marital estate, both parties’ willingness to negotiate, and whether or not the couple has children. You can expect your attorney mediator to charge anywhere from $250 to $800 or more per hour depending on their background and skillset. To learn more about the costs associated with mediation, download our FREE Mediation E-Book to read about how to reduce costs throughout the mediation process. If you have specific questions about pricing for your case, feel free to contact us to schedule a free case evaluation with a member of our team.

Get a Team That Gets It

Looking for a Massachusetts divorce mediator? Our team of experienced mediators is here to help you navigate the mediation process as painlessly as possible.

Every single one of our attorney mediators has personal or familial experience with family law. We get it because we’ve been in your shoes, and that’s why we’re so passionate about helping you find your brighter future.

To learn more about how we can help, contact us to schedule a free case evaluation with a member of our team.