When a Massachusetts resident hires an attorney to manage his legal matters he is asking that professional to be his counselor and advocate. Many legal matters can and often migrate toward litigation when they cannot otherwise be resolved; for this reason individuals utilize the services of legal professionals to give them assistance in clearing up their disputes. Family law is one area of the law where disputes often arise and when a divorce goes to court each party generally has his or her own legal representative.
As previously discussed on this blog, divorce mediation does not involve a litigious environment in which opposing parties spar off with their own counselors. Mediation is done in an environment ofneutrality and with a mediator who does not take the side of either party. During a divorce or family law negotiation a mediator hears what the parties have to offer and provides information to them regarding the laws relevant to their particular cases.
Another duty that a divorce mediator will often adopt is to give parties options for how they may find resolutions to their pending or disputed issues. A mediator will not make the decision for divorcing individuals on how to settle their quarrels. Instead, the mediator will offer the parties different ways of reconciling their differences in order to bring about closure to their marriages.
A goal of mediation is to avoid the contentiousness that can occur during a litigated divorce. However, mediation and collaborative divorces are not always the right choices for all couples. Attorneys who work in the divorce and mediation fields can provide their clients with more information on whether mediation may be right for their marital dissolutions.