What is divorce mediation in Massachusetts?
Divorce mediation in Massachusetts is a voluntary process in which a neutral mediator helps spouses reach their own agreements about parenting, finances, and separation terms outside of court. Rather than having decisions imposed by a judge, mediation allows couples to work through issues collaboratively and at their own pace.
Who makes decisions in divorce mediation?
You do. In divorce mediation, the mediator does not make decisions or impose outcomes—both spouses remain in control of all agreements involving their children, finances, and future arrangements. The mediator’s role is to help structure productive conversations and support informed decision-making.
Is divorce mediation private and confidential in Massachusetts?
Yes. Divorce mediation in Massachusetts is a confidential process protected by statute, and mediators cannot be called to testify or assist either spouse in later court proceedings. This confidentiality allows couples to speak openly and explore options without concern that discussions will later be used against them.
Is divorce mediation voluntary?
Yes. Participation in mediation is voluntary, and either spouse may choose to stop the process at any time. Mediation works best when both people are willing to engage in good-faith discussions, but no one is required to continue if mediation no longer feels appropriate.
Is the mediator neutral, and do they give legal advice?
The mediator is neutral and does not take sides or advocate for either spouse. Mediators do not provide legal advice, but they do help identify issues, explain the mediation process, and encourage each person to seek independent legal advice as needed before finalizing any agreement.
Who is divorce mediation a good fit for—and when is it not?
Divorce mediation is often a good fit for couples who want a more respectful, efficient, and private way to resolve divorce-related issues, especially when children are involved. Mediation may not be appropriate in situations involving ongoing safety concerns, coercion, or an inability for one party to participate freely and meaningfully in the process.
