What Is a Mediation Agreement?

What Is a Mediation Agreement?

A mediation agreement is an agreement between you, your spouse, and the mediator pertaining to the rules and guidelines for your mediation. Your mediation agreement ensures both spouses are aware of their rights and expectations and understand the role of the mediator in the process. This helps both spouses start off on the same page, which helps facilitate effective and efficient mediation sessions. The decisions you make during your divorce are significant. Having an agreement that covers the procedural details of mediation can help you focus on the important decisions you will be making.

The mediation agreement covers several important procedural concerns. It will typically outline the participatory roles of each spouse and include verbiage on the capacity and limitations of the mediator. This way both spouses understand what they can expect of the mediator and what is outside their purview. Along with information about the participation will be the process for terminating the mediation in the event it is unsuccessful. The agreement will also include rules on disclosure and the confidentiality of information. Mediation is a highly confidential process. Both spouses are bound by the agreement to fully disclose relevant information to the mediator and other spouse and maintain the confidentiality of that information. The agreement may also include the acknowledgment that both spouses must participate in good faith. Good faith means remaining open and honest through the process and putting in an honest effort toward the success of the mediation. Your agreement may vary but will typically address all these elements. It will also include an agreement on the fees paid to the mediator.

Without such an agreement, neither spouse has a duty toward each other and toward the process of mediation. This can compromise the success of the mediation. Consulting with an experienced Massachusetts divorce mediator would be wise if you have any questions about the mediation process. Divorce mediation can be a positive experience if you plan right and formulate a solid mediation agreement. A mediation agreement can go a long way toward helping you and your spouse divorce efficiently and amicably. A good mediator can help ensure you understand the guidelines in place to protect the integrity of the mediation process.

 

Do you have questions about the mediation process? If so, Mediation Advantage Services can help. Experienced in divorce mediation, family law attorney Polly A. Tatum can help you and your spouse through the mediation process, from beginning to end. Based in historic Worcester with a satellite office in Northboro, MA, our firm serves all cities and towns throughout Massachusetts and Worcester County including, Auburn, Paxton, Leicester, Sutton, Grafton, Shrewsbury, Westboro, Northboro, Southboro, Holden, Sterling, Princeton, Worcester, Charlton, Millbury, Dudley, Spencer, Brookfield, Sudbury, Natick, Framingham, Hopkinton, Milford, Blackstone, Leominster, Fitchburg, Acton, Jefferson, Barre, Oakham, Cambridge, Newton, Marlboro, Lancaster, Bolton, and Hudson. Call our office at 508-795-1557, fill out our online form, or email us at info@mediationadvantage.com today to schedule your Complimentary Mediation Success Planning Session. You can also sign up for our eNewsletter or download our free e-book for more information regarding divorce in Massachusetts.

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