Choosing a Mediator for my Divorce
I’ve decided I want to mediate, but how do I choose a mediator?
Mediators come in many forms. Some mediators are therapists, financial specialists, and mediators who took the statutory training of approximately 40 hours from many backgrounds, and then there are mediators who are attorneys. Mediators can also work together, and co-mediate with a therapist, financial specialist, and other specialists. Mediators who are attorneys can write the agreement if you and spouse come to an agreement.
Making a mediation agreement is not a simple task. The mediation agreement is made up of exhibits. These exhibits are comprised of various areas of the law. Understanding each of the exhibits is essential to signing an agreement that you understand.
The areas of the law are not so simple and vary from exhibit to exhibit. For example, alimony can be waived by the parties and survive, or maybe the parties want alimony to merge for consideration in the future. Understanding these concepts is important for informed consent. Given the current status of alimony, a tax analysis might be considered.
Did you know that your property division is final? So if you agree to a property division and then later wish you had asked for more real property or more investments or a different division of retirement assets, it will be unlikely to be addressed.
Understanding the law is critical. Having someone as your mediator who is up to date with family law is necessary. This may be a question you want to ask your mediator.
As there are many types of mediators, there are also Certified mediators in Massachusetts certified by the Massachusetts Council of Family Mediation. Other organizations list certified mediators outside of Massachusetts, but it is important to look at what makes that mediator Certified. Massachusetts Council of Family Mediation has a list of mediators who are Certified on their website. In order to become qualified as a certified mediator for the Massachusetts Council of Mediators, there are additional steps to be taken. A mediator must have considerable experience as a mediator and demonstrated to have taken at least 60 additional hours beyond the basic mediation training in subject matter such as taxation, high family conflict, child support, child custody, tax considerations, employee benefits, and business evaluations to name a few of the possible additional trainings a Certified Mediator may have taken.
There are many considerations in choosing a mediator who is best for your family. Parties should meet several mediators and look at their backgrounds; availability, experience, and cost before choosing a mediator that they feel can best help their family successfully complete the mediation process.
