Can a Mediator Give Us Legal Advice?
You may not have a thorough knowledge of the Massachusetts divorce laws that will be relevant to your case if you’ve never been divorced before. You can hire a divorce attorney to interpret these laws for you, but this can be costly. Many families today are choosing divorce mediation because it is an economical alternative to divorce litigation. A mediator does not serve the same role as a divorce attorney, however, so you may be wondering in what capacity the mediator can help you. The role of the mediator is not to give legal advice. Mediators help spouses reach agreement on the contested issues in their divorce and cannot advise either spouse without there being a conflict of interest. Only an attorney who represents you personally can give you legal advice specific to your case.
Mediators are more facilitators than representatives. Some mediators are also practicing divorce attorneys, but they will not act in this role in your mediation. Experienced mediators with a thorough knowledge of Massachusetts divorce law can educate you and your spouse on the laws applicable to your divorce. A good mediator can also help you and your spouse find solutions that suit your needs while still adhering to family law statutes. If you are not familiar with divorce law in Massachusetts, be careful when choosing a mediator. You may want to prioritize finding a more experienced mediator who can help you prepare your final divorce paperwork as well. Otherwise, you may have to hire an attorney to help you with this process. Not all mediators will have the skills and knowledge needed to prepare final divorce papers. You may still want to have an attorney review your papers for you before you submit them, but having an attorney prepare them for you can cost significantly more.
Speak with an experienced divorce mediator about your case if you feel you need legal advice but prefer to mediate your divorce. Remember, mediation is a joint effort and does not pose you and your spouse against each other. A mediator can help you and your spouse negotiation but cannot tell you what to do. A good mediator can help you and your spouse draft a separation agreement that is mutually beneficial and legally sound.
Do you have questions about the divorce process in Massachusetts? If so, Mediation Advantage Services can help you. Experienced in complex divorce mediation, Polly A. Tatum can advise you on Massachusetts family law statutes and help you and your spouse navigate the divorce process. 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, 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.