Most marriages end with both parties interested in protecting their own interests, but not necessarily interested in being unfair to their former partner. There are exceptions in which one party transfers assets or tries to hide certain assets, but these are rare. In the divorce mediation process, both parties are involved in seeking resolution on a voluntary basis, and have agreed to full disclosure of financial matters. Any mediator that doesn’t require full disclosure and then creates an agreement to submit to the court is raising a huge red flag for the court, and increasing the chances that the agreement will not be approved.
Some of the clients coming to Mediation Advantage Services have already attempted the process with another mediator and have been unable to come up with a fair agreement, or had their agreement disapproved by the court. We employ many “check and balances” to ensure that both parties are treated completely fairly, and with full neutrality. These checks and balances are put in place by our firm to ensure neutrality, and there is no pressure, and they are encouraged to have an attorney review the agreement in some cases. As the agreement must be approved by the judge, it must meet the requirements or it will just be disapproved, and you will be back to square one, with time wasted. You can read more about the Checks and Balances in Mediation that we employ in the e-book chapter found in Divorce and Mediation in Massachusetts.