What happens if I am for Trying to Resolve the Case through Mediation, but I do not want to be in the same room with my soon to be Ex-Spouse?
This is a frequent question that people say that I can’t stand being in the same room with their spouse and there are always arguments. How you are supposed to resolve the case even if you feel like you are trying to do what is in your best interest? You have to look at that and go the alternative is to go to court, have the attorneys argue the case, have a judge make the decision and you are still going to have negotiations including a 4-way meeting.
The mediators are trained specifically to try and keep the conversations productive and focused on what is happening in the future rather than the same problems that happened in the past. It is not as though everything will resolve easily or that it will be a pleasant experience, but again, when you are looking at the alternative and, in most circumstances, it has a much higher upside and you can always stop the mediation if it is not working because it is a voluntary process.
How do you Determine a Good Mediator from a Bad Mediator?
Although it is not the same as being a member of the bar as an attorney there are ways to determine how experienced and some advantages of mediation. There are some training requirements that a mediator is supposed to have. In addition, you should determine how much your mediator knows about the Massachusetts divorce laws even though mediators can be attorneys, such as myself, it is not required and some mediators are less familiar with the particular laws of the state or there are some mediators that do not practice in front of judges and might not know some of the practical trial perspectives as well.
You should determine what sort of degree they have and what specific training they have had in mediation and the amount of experience they have.