Does My Spouse Have to Agree to Mediate?
Divorce mediation is a less stressful, less costly alternative to litigating your divorce in court. Mediation puts you in control of your divorce and provides directed guidance from a neutral third party dedicated to helping you reach an agreement. Mediation is a non-adversarial process in nature and is voluntary; however, both spouses must be informed of the pros and cons of mediation and agree to participate in good faith. To participate in good faith, each spouse must put in an honest effort to reach an agreement with the other spouse. Because good faith intent is so crucial for a successful mediation, it is essential that both spouses are willing participants.
It is not uncommon for one spouse to be hesitant about mediation. They may be wary of potential conflict or fear it will be too difficult to work together with their spouse during such an emotionally trying time. Mediation is preferable to litigation. Working together may be challenging, but taking your disputes to the courtroom is certainly more so. In most cases, both spouses agree to mediate and sign an agreement that outlines the terms and conditions of participation.
Talk with your spouse regarding the mediation process if you want to mediate your case instead of taking it to court. You cannot force your spouse to mediate if he or she doesn’t agree, nor would you want to. Both spouses should be open and willing to resolve their disagreements in order for mediation to work. If your spouse is not willing to participate, mediation may not be successful and you could end up litigating in court. Speak with an experienced Massachusetts family law mediator to find out if mediation would be beneficial for your case.
Are you going through a divorce and have questions about mediation? If so, Mediation Advantage Services can help. Experienced in divorce mediation, experienced family law attorney Polly A. Tatum can help you efficiently mediate your divorce while preserving your peace of mind. Our firm serves those across Worcester County as well as across Massachusetts. Call our Worcester 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 guide for more information regarding divorce in Massachusetts.