Family Mediation

What is mediation?

Mediation is a less expensive and non-adversarial alternative for couples and families who are in the process of restructuring their lives. The parties work Pat Watson, the mediator, to reach a fair and workable agreement. Pat is an attorney, but she does not represent the parties when she acts as a mediator, nor does she make decisions. She does provide a framework that allows the parties to reach an informed and mutually acceptable agreement.

What are the advantages to mediation?

Mediation is much less expensive and more efficient than traditional means of obtaining a divorce, such as litigation. Mediation is also less adversarial, so it minimizes the personal toll on the participants. The process of mediation may also enable couples to develop more constructive patterns of communication, which may lead to better co-parenting, where children are involved.

Do I need to hire a lawyer if I decide to use mediation?

There is definitely a role for attorneys during the mediation process. Although lawyers do not attend mediation sessions, Pat encourages both parties to have their agreement reviewed by their individual attorneys prior to signing it. Parties may also consult an attorney at any point during the mediation process if they have any questions while they are in mediation.

Do we need to have a tentative agreement before entering mediation?

Definitely not. Mediation is an educational process through which people reach agreement. If you have reached an agreement on all issues, mediation may not be necessary or appropriate. However, before reaching an agreement both parties need to understand all the facts and applicable the law as relates to their particular situation. Sometimes people may reach an agreement without fully understanding the implications of their agreement, which may result to problems down the road. Sometimes people do have a tentative agreement on some issues before entering mediation. During the initial mediation session, the mediator will help the parties to set an agenda for future sessions, with consideration of those issues upon which the parties have already reached agreement.

Is it Possible to Mediate if My Spouse and I Cannot Communicate Without Arguing?

Pat has been trained to facilitate discussions between parties even where the parties have had a history of communication issues. In some cases, parties may agree not to discuss their divorce between mediation sessions. She will facilitate the mediation sessions so that that the discussion stays focused on the issues at hand and the parties continue to treat each with respect.

If we reach an agreement through mediation, do we still have to go to court?

Yes. A divorce agreement is not legally binding until it is approved by a judge. Most couples do attend the hearing "pro se" or without an attorney present. Pat Watson will prepare you during the final signing session for what to expect during the final hearing. The hearing itself is quite brief, usually less than five minutes. In Massachusetts, an uncontested divorce becomes final 120 days after the hearing. In New Hampshire, your divorce becomes final on the day of the hearing.

How can we find out if mediation is right for us?

Mediation requires the active participation of both parties, so if your spouse is unwilling to participate, mediation may not be appropriate. Some mediators will not mediate if there is a history of domestic violence, as it may affect the ability one party to make voluntary decisions. Mediation also requires full financial disclosure. So if undisclosed income or assets may be an issue, you may need litigation in order to establish that fact. However, mediation is a viable alternative for many couples. The best way to find out if mediation is right for you is for you and your spouse to make an appointment with Attorney Pat Watson. Our office gives free one-half hour introductory sessions to couples considering mediation.