Does a Mediator Have Decision-Making Power?
If you are unfamiliar with the rules and procedures of divorce mediation, you may not know what the role of the divorce mediator is. Mediation differs from divorces handled by attorneys in court because you and your spouse are the ones making all the decisions. You are the only one in your divorce with authority. A mediator does not have decision-making power. You and your spouse make the decisions in your divorce while the mediator provides the information and guidance needed to facilitate successful negotiations.
Being in control of your own divorce may seem risky. You aren’t a divorce attorney, so how do you know what is best? You and your spouse are the ones who know best when it comes to working out the details of your divorce. The role of the mediator is to assist you and your spouse with creating a separation agreement.
To do this, he or she will act as a neutral third party who offers a structured environment in which effective communication and decision-making can occur.
They will also inform you of what the Probate and Family Court will require you to submit. A mediator also helps ensure no one spouse dominates the discussions.
This can occur even when spouses agree to put a good effort into mediating.
This is where a skilled mediator can help you stay on the right track.
Crafting a legally sound separation agreement is a demanding task, but it’s not impossible. Hiring attorneys to handle your divorce for you may seem like the best option. In reality, this can disempower you and your spouse and can cost you thousands in attorneys’ fees. Consider working with an experienced Massachusetts divorce mediator if you want to make all the decisions for yourself in your divorce. Though mediation allows you to stay in control of your divorce, you still need to meet certain legal standards. After you and your spouse decide on all the matters in your divorce in mediation, you need to take your agreement to court to have a judge approve it. The judge may require you to make changes if your agreement is unfair to one party or if your decisions are not in the best interests of your child.
Do you have questions about how to have a successful mediation? If so, Mediation Advantage Services can help you. Experienced in complex divorce mediation Polly A. Tatum can help you and your spouse make effective decisions during mediation.
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 [email protected] 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.