Mediation Lawyers in Worcester County

Mediation is a negotiation process between you and the other party, with the assistance of a neutral professional trained in facilitating these situations. It can be less formal than court proceedings and offers flexibility. Mediation can be less contentious than court proceedings, as both parties are volunteering to be there to try to reach an agreement.

There are five stages of mediation; read below to learn more about each of them.

Introductions are the first step in mediation and are useful to the mediator in terms of learning more about both of the parties involved. You may be asked to fill out questionnaires or other documents that help further explain what you are working out and why you seem to be at an impasse on this matter. The mediator will introduce themselves and their role in this process, discuss the goals and/or rules involved, and will have each party sign a mediation contract and a confidentiality agreement at this time. They are there to facilitate good communication between the parties and are highly trained to do so. This is incredibly helpful for couples who can’t seem to discuss matters, let alone agree on important items such as custody or relocation, for example.

Joint discussions are then held while the mediator facilitates, giving each party ample time to discuss their concerns, what they believe is the best solution, and why. The mediator is trained in helping to see and encourage creative solutions the parties may not have yet thought of, as well as to foster communication skills between the parties, so both sides’ concerns are explained and heard.

Private discussions can be requested at any time during the mediation by either party or by the mediator themselves. This allows for things of a highly personal nature to be discussed privately without the other party listening. The mediator may take this opportunity to make suggestions as to how to proceed or create a strategy using other options that the party hasn’t thought about. Anything said during these private sessions remains confidential, as discussed upon signing the confidentiality agreement during the introductions.

A Memorandum of Understanding is drafted when both parties agree to an outcome, and this document is then given to both parties to allow them to seek legal counsel regarding the agreement before moving on to the next step of closure.

Closure is the final step, and at this stage, a Separation Agreement or a Stipulation for Judgement can be drafted, whichever pertains to the proceedings. If an agreement is not made between the parties, they can go back and try continued mediation, or they may at this time decide that involving the courts is best for them.