Massachusetts Divorce Mediation

Ideal time to commence Massachusetts Divorce Mediation

The optimum period to start divorce mediation is before the separation. This enables the mediator to assist the divorcing partners to prevent errors and make good decisions, about –

• Deciding responsibility for mortgage and rent payments and other expenditures
• Determining the precise value of child support as per the Massachusetts Child Support Guidelines
• Creating the best temporary parenting arrangement for the children

Eligibility of mediators in Massachusetts Divorce Mediation

• No credentials required
• No training requirement
• No need of license for practice

The divorcing partners must ensure the mediator they are about to hire has the essential expertise in the areas that they are going to mediate.

Benefits of hiring a mediator

• Parties have more control over the decisions
• A settlement is negotiated within a cooperative setting
• The finance and legal issues are explained to the parties and hence each individual completely understands the effects of each decision
• Decreased tax liabilities and considerable savings in expenses
• Parties are assisted in separating emotions from economical decisions
• Privacy is maintained while working out an agreement
• The rights and interests of each individual are safeguarded

Duration of mediation

The period needed for mediation depends on the following factors –

• The capacity of the divorcing couple to accede with each other
• The method in which the parties view physical and legal custody
• The understanding of the options and choices for support, insurances, liabilities and assets
• The complexity and number of liabilities and assets

In a private mediation, the Family and Probate Court does not interrupt in the process. An adversarial divorce generally requires minimum 2 years for the final settlement to be enforced. After the final decision has been taken, if the parties feel that the results are unjust, they return to the Family and Probate Court to alter the terms. In comparison, a mediation needs less time. Also after an agreement has been reached in mediation, it is final and lasting. Moreover, the agreement about support can be altered without approaching the divorce court.

Necessity of a mediator

• A majority of individuals lack the particular knowledge essential to make fully informed decisions regarding the legal and economical aspects of divorce. This knowledge is imparted to the participants of a mediation by the mediator
• As mediation indicates the end of an important relation, the participants are intensely emotional and hence unable to solve disputes on their own. The Mediator is a professional person who permits the participants to retain their feelings without hampering the capacity to reach fair agreements

Massachusetts State Law

Section 23c – Chapter 233 of the Massachusetts State Law is as follows –

All products created by the mediator inclusive of case files should not be revealed in any administrative or judicial proceeding and are absolutely confidential. Similarly, all types of communication made by the concerned persons relating to the mediation are also confidential. For this section, a mediator means a person who –

• Makes a written agreement with the parties to help them to resolve their conflict, and
• Has undergone 30 hrs training in mediation, and
• Has 4 yrs professional experience in mediation, or
• Has been appointed to mediate by a governmental or judicial body, or
• Is accountable to a dispute resolution organization that has existed for minimum 3 yrs

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