Divorce is often an emotionally charged and complex process. However, it can be even more stressful when you think about all of your dirty laundry being aired out for everyone to see. This is one of the reasons many couples choose to undergo divorce mediation. To ensure your privacy, it’s in your best interest to consider enlisting the help of our Bristol County Mediated Divorce Lawyers who can help you come to an agreement on the terms that will apply to the termination of your marriage. Please continue reading to learn if everything discussed in mediation is kept confidential in Massachusetts.
When Can You Use Divorce Mediation in Massachusetts?
In divorce mediation, couples will meet with a third-party, neutral mediator in an informal setting to guide them through the process of exploring alternative solutions to negotiate an agreement on the important issues of their divorce. While you can use mediation at any point in the process of dissolving your marriage, it’s not always the best choice for every couple. Mediation may not be appropriate if one or both parties are not willing to compromise to reach a resolution.
Spouses who engage in mediation must be willing to have an open dialogue to work out all the details of the divorce. If one spouse is afraid to speak freely, it can lead to an unfair settlement. For instance, if there has been domestic abuse, mediation may not be suitable. If you have concerns regarding this process, you should reach out to an experienced mediator who can help you determine if divorce mediation is suitable for your situation.
Is Mediation a Confidential Process?
If you and your spouse cannot agree on the terms that will apply to the termination of your marriage, you will have to undergo litigation. When you litigate an issue before a judge, there is a record of everything that is shared. Mediation in Massachusetts, on the other hand, is confidential, with limited exceptions. This means the mediator is not authorized to disclose any information to a judge or anyone else. This confidentiality can be helpful to those who have concerns about their reputation as divorces can get heated and sometimes individuals engage in out-of-character behavior due to stress. In mediation sessions, you will not be haunted by a regrettable outburst.
Although mediation is a private process, some things you say as part of the mediation or documents you have provided may be shared if both spouses consent to disclose the communication or the mediator believes that disclosing the information is necessary to prevent someone from harm. It’s important to note that you are never required to agree to anything in mediation, even if you have been ordered to participate in the process.
If you are considering divorce mediation, please don’t hesitate to contact a dedicated lawyer from The Law Offices of Cynthia L. Hanley, P.C., who can help you determine if this divorce route is appropriate given the unique circumstances of your case.
