What Takes Place During Mediation?

When couples go through a divorce, many wish to do so outside of a courtroom. This is why there are other alternative methods that allow them to do so. One of the most common methods of divorce is mediation. This process exists without the need for litigation or a judge to make decisions for the couple. It allows couples to come together and negotiate their marital issues through healthy conversations.

Who Attends Mediation?

During mediation, both spouses are present throughout the entire process. This allows them to discuss the arrangements of their future. This can include conversations about child custody, child support, spousal support, the division of assets, and more. During this process, spouses can open up and be honest with one another about their terms of separation.

Throughout these discussions, an unbiased third party is present. It is important to know that this person does not make any decisions for the spouse, unlike a judge during litigation. This person exists during the process to listen to both sides of the marriage and help the spouses reach decisions that are best for them and their family. This ensures the process is productive and the spouses do not engage in arguments the entire time. The spouses make decisions for themselves with the help of the mediator.

What are the Benefits of Mediation?

When couples go through a mediated divorce instead of litigation, there are certain benefits. Through this process, couples are able to come to decisions on their own terms instead of allowing a judge to do so for them. This gives them control of the process to ensure the outcomes they desire. This allows them to lead to more satisfying arrangements that can be favorable for all parties involved. Divorce through litigation can often become hostile, whereas mediation opens up healthy conversations.

In addition to this, the process of mediation is completely confidential and usually faster than litigation. Both couples are required to keep all information discussed during the process between themselves. This also goes for the mediator. There is no time limit to the process, allowing the spouses to go at their own speed and discuss any unresolved issues between them.

How Does Mediation End?

Mediation can end on the terms of the couple. If they are unable to work together, they can end the process at any time. When a couple can successfully reach the terms of their divorce, the mediator present will draft a Memorandum of Understanding. This outlines the agreements that were made. Both spouses will then take the document to their attorneys who can create a Matrimonial Settlement Agreement. Once this is signed, both spouses can go to court as an uncontested case to finalize their divorce.

Contact our Firm

If you require compassionate and knowledgeable legal guidance for a matter of divorce, family or estate law, please contact the experienced attorneys at the Law Offices of Cynthia L. Hanley today. Our firm proudly serves clients in Mansfield, Massachusetts and throughout Bristol County.