You are here

Who prepares documents in divorce mediation in Massachusetts?

Hi. After reading a couple of your posts about divorce mediation I called a couple of mediators in MA and asked them about the process. Both of them say that, if the mediation is successful and we go to divorce court for approval, they would only draft the separation agreement, none of the other documents that are required for court approval. Can you help me out here? Is that the way it usually goes in MA or are their differences in the way these guys work? Thanks.

Share this with your friends

Sorry about the confusion.  It is my understanding that there are mediators who will assist the parties in drafting the various documents required for obtaining court approval of the separation agreement, such as an affidavit of irretrievable breakdown of the marriage, financial statements for the parties, and, in some cases, child support guideline calculations and/or alimony provisions.  However, if you read my summary of how divorce mediation works in MA, you know that each mediator is different and not all employ the same practices.

Some mediators (I'm theorizing here in an attempt to clear things up for you) may wish to avoid the documentation and any resulting suggestion that, by completing the documents, they are providing legal advice to the parties.  Mediators view their role as an impartial party who provides legal options and information, not legal advice.  It is also very common for one or both parties to a divorce mediation to hire a divorce attorney to review the separation agreement before execution and also to help draft the other documentation required for court approval.  So, for those parties, the mediator's willingness to help with the documentation is irrelevant.  If you and your spouse do not wish to explore that option, I would try a couple more mediators and see if you can find one that provides mediation services that include the creation of required documents. Hope that helps. 


Talk to a Mediation Attorney Today
Most offer FREE Consultations
Connect with The Forum
facebook google twitter linkedin