Massachusetts Mediation Services
From the Law Office of Robert P. Murray
©2009 ALL RIGHTS RESERVED
Robert P. Murray, Esquire
What Is Divorce Mediation?
Mediation is an entirely voluntary process, using a trained mediator, to help people come to an agreement on issues they wish to resolve. Mediation is being used more and more in the domestic relations arena — particularly regarding marital issues which need to be resolved.
The mediator does not make decisions for the parties, but rather encourages and works with them to explore options and guide them in reaching their own agreement.
Again, participation is voluntary — both parties must agree and be committed to the mediation process in order for it to be successful. However, either party may terminate the mediation process at any time.
Any agreement reached by the parties must be voluntary.
If the mediator happens to also be an attorney, the mediator DOES NOT represent either party in the divorce process. Each party may hire his or her own attorney at any time and especially to review any agreement which might have been reached.
The parties can also request that the mediator either:
- Prepare an outline of the agreement that they have reached — and then he or she can have his or her own attorney prepare the final agreement based upon the outline; OR
- Prepare the final agreement itself (but this is only recommended if the mediator is, in fact, an attorney). The parties are then free to have the final agreement reviewed by their own attorneys.