Divorce mediation is an alternative path to ending a marriage that some Massachusetts couples may wish to try instead of litigation in the courts. Parties that mediate their divorce often find satisfaction in taking control of the process and having a strong role in the outcomes that will dictate their post-divorce future. However, though many couples that start the mediation process end up with workable agreements, others may not reach these goals.
Mediation happens through discussion and negotiation. Parties may choose to start mediation but may later learn that they are unable to have productive and civil discourse with their ex. When it is impossible for the parties to speak respectfully to each other, mediation may not succeed.
Similarly, if the parties to a mediated divorce can speak respectfully to each other but still cannot come up with an agreeable divorce agreement for them to sign, they may need to change forums to settle their conflicting matters. In all cases where mediation does not appear to succeed, the parties may agree to attempt an additional mediation session at a later date or may end their mediation and move their divorce to the courts for litigation.
Mediation is a choice and in no way should be seen as an easy alternative to getting a divorce. The process demands that individuals work closely with their ex-partner, and it is important that readers recognize that not all people may be able to do this. When mediation is started but does not result in a divorce, a party may look for other options to bring about the end of their marriage.