Divorce Mediation
Candace Morey, LMHC & Trained Divorce Mediator
Having personally navigated the divorce process, I understand the challenges and emotional complexities this time can bring to you and your family. As a trained mediator, my role is to support and guide you through each step of mediation. This includes collaboratively generating options, working through impasses, managing disagreements, and facilitating effective problem-solving to help you reach mutually beneficial outcomes.
Frequently Asked Questions
Divorce mediation is a process in which a neutral third party, the mediator, helps divorcing couples discuss and negotiate all aspects of their separation, including property division, parenting plans, and financial support. The mediator facilitates productive dialogue and problem-solving, aiming to reach mutually agreeable solutions without going to court.
What is divorce mediation, and how does it work?
Mediation can be a less adversarial, faster, and more cost-effective option than litigation. It allows both parties to maintain more control over the outcomes, fosters better communication, and can result in a more amicable resolution—important for co-parenting relationships.
What are the benefits of choosing mediation over litigation?
The duration of mediation varies based on the complexity of the issues and the level of agreement between the parties.
How long does the mediation process usually take?
Mediation addresses all aspects of divorce, including division of assets and debts, spousal support and alimony, parental rights and responsibilities, parenting time, child support, and any other unique considerations the couple wishes to address.
What issues are covered during mediation?
Once an agreement is reached in mediation, it is put into writing and reviewed by both parties. This is called a Memorandum of Understanding. It will then be forwarded to your attorney to review and write a Settlement Agreement to be submitted to the court for approval. Once the court approves, it becomes a legally binding divorce decree.
Is the agreement reached in mediation legally binding?
The mediator’s role is to remain neutral, facilitating productive discussions and offering guidance to help the parties explore options. The mediator does not make decisions or judgments and does not provide legal advice.
What role does the mediator play?
While mediation itself does not require each party to have an attorney, many people find it helpful to ask any legal questions throughout the process and for consultation regarding the agreement to ensure it aligns with their interests. An attorney will also draft the Settlement Agreement to present to court. You can invite your attorney to the mediation sessions as long as both parties agree, but most choose not to do so.
Do I still need an attorney if I use a mediator?
Candace’s fee is $275/hour. The final cost of mediation depends on the number of sessions needed and the case’s complexity. Typically, mediation costs are significantly lower than litigation, as the process is streamlined and less adversarial.
How much does divorce mediation cost?
Mediation can be effective even if there are disagreements, as the mediator helps the couple work through these issues. However, both parties must be willing to negotiate and communicate openly. Mediation may not be suitable in cases where there is ongoing abuse, power imbalances, or an unwillingness to participate in good faith.
Is mediation a good option if we have significant disagreements?
Yes, mediation can be pursued even if a divorce case is already pending in court. In fact, Massachusetts courts often encourage mediation as a way to resolve issues before trial, and parties can withdraw from litigation if they reach a full agreement.