If you and your spouse have called it quits, you may consider divorce mediation as an alternative to the traditional divorce process. When you use mediation, whether it’s a personal decision or sanctioned by the court, it’s important to understand the legal constraints that come along with this process is essential before agreeing. Please continue reading to learn whether written agreements made in mediation are legally binding in Massachusetts and why collaborating with our Bristol County Divorce and Family Mediation services is in your best interest.
What is Mediation?
Mediation is an alternative dispute resolution (ADR) method in which divorcing parties meet with an impartial mediator to discuss and resolve their issues. Essentially, this is an alternative to litigation. During mediation sessions, the mediator will help couples negotiate to reach an agreement on the terms that will apply to the termination of the marriage. It’s important to understand that the mediator does not pick sides or offer legal advice. Instead, they facilitate communication and resolve disputed issues to arrive at a divorce settlement.
This alternative divorce route is commonly used as it can provide several benefits. With this non-adversarial process, you have a better chance of maintaining an amicable and cooperative relationship after the dissolution of the marriage. This is particularly importnat if you have children and must continue co-parenting once the marriage ends. This process generally proceeds expeditiously and is much less expensive than a traditional litigated divorce.
In addition, mediation is much more private than going to court. Divorce proceedings become a public record. However, mediation will remain confidential. Furthermore, mediation can benefit you as you will have more control over the terms that will apply to the termination of your marriage. If you go to court, a judge unfamiliar with your circumstances will issue a decision that can result in unfavorable terms.
Are the Terms Legally Binding?
Contrary to popular belief, the terms stipulated in a mediation agreement are legally binding once all parties have signed the document. This means the agreement is an enforceable contract. If one party fails to abide by the agreement, the other party can pursue legal action to enforce the terms. However, once both parties come to a written agreement, it must be approved by the court. It’s important to understand that signing a mediation agreement is voluntary. Even if the court has ordered you to participate in mediation, you are not required to sign a written agreement unless you agree with the terms.
At The Law Offices of Cynthia L. Hanley, P.C., we can help you resolve your marital issues and reach an agreement. If you would like to learn more about the mediation process, please don’t hesitate to contact our office today.
