Massachusetts Divorce Mediation and Parenting Plans

At The Mediation Group, we know how difficult divorce and parenting conflicts can be. When time-consuming and expensive litigation is involved, a painful situation is often made even worse. Our approach is to instead provide a warm, civil, and compassionate space, fostering creative solutions to the issues each party is facing in the process.

Our team is here to help you through this process every step of the way. The first step is an email or phone call. After that initial conversation, one of our highly experienced mediators will reach out to learn more about you and your unique situation and guide you through our process. Once both parties agree to mediation, we can schedule the first session. 

What to Expect During Mediation

Unlike litigation, which is often impersonal, costly, and can take a considerable amount of time, divorce mediation allows both parties to communicate directly with one another and engage in a healthy, holistic discussion about what’s most important for each person and for the family. The goal is to co-create a respectful path forward with personalized, realistic agreements that reflect your shared wishes, values, and vision for your future.

Our mediation sessions are conducted by two divorce mediators with complementary skills and backgrounds. Both professionals have extensive experience mediating divorce cases, one of whom is also an attorney.

Divorce mediation typically is 2-4 sessions, each of which lasts two hours. At the conclusion of the mediation process, for an additional fee, the mediating attorney can create a draft of a Separation Agreement which reflects the decisions you have made and can then be reviewed by your attorney and then be presented to the court for approval by a Judge.

We know that new issues often arise during and after this complicated process (for example, integrating a new partner into the family life or establishing a new parenting schedule), and when they do, we are here to provide whatever ongoing support you may need.

Divorce Mediation Frequently Asked Questions (FAQ)

How Much Does Divorce Mediation Cost?

We structure our rates to make sure that your divorce mediation solves more problems than it creates. In the Commonwealth of Massachusetts, a typical divorce process can range anywhere from around $16,000 to $50,000 or more. In contrast, our services are $500 / hour for each session for two mediators, with an optional Separation Agreement for an additional $1,800. (If lawyers attend the sessions, the cost is $650 / hour.) Even with all 4 sessions and additional lawyers’ fees and other expenses included, you would still pay only half of what the least expensive divorce proceeding would cost.

What divorce issues can be resolved in mediation?

• Identification and division of assets

• Child custody agreements, including:

• Parenting time/schedules 

• Child support and other financial issues 

• Where the children will primarily reside

• Educational decisions

• Holiday schedules

• Vacation schedules

• Child transportation

• Medical care

• Issues of "legal custody"

Why should we consider mediating our divorce agreement instead of going through more traditional channels?

Traditional means of resolving family disputes are often expensive, time-consuming, and adversarial. Drafting a Separation Agreement through mediation is usually less costly both financially and emotionally. The mediation process also allows families to take control of their future and create a personalized plan that fits their needs and goals. 

How will mediation help us in our relationship after the divorce?

Unlike more adversarial processes, mediation is based on cooperation and mutual respect and builds on the parties’ strengths rather than fueling their antagonism. Particularly when shared parenting is involved, preserving an ongoing working relationship post-divorce may be critical.

We can help establish or change a co-parenting structure, choose schooling for your children, introduce a new step-parent, or assist with financial arrangements through post-divorce mediation.

What is co-mediation, and what are its advantages?

Because family mediations almost always involve both legal issues and complex emotional issues, we work in cross-disciplinary teams, pairing a knowledgeable attorney with a partner experienced in managing the relationship issues. This model assures that the mediation is responsive to both legal considerations and interpersonal dynamics.

How does family mediation work? What can we expect?  

Since the onset of Covid, meetings have typically been held over Zoom or, less commonly, at our offices in Brookline, and are scheduled at the convenience of the parties. In order to prepare a Separation Agreement covering issues such as custody of children and division of assets, each party is required to fully disclose pertinent financial information to the other. During the mediation process, and/or at its completion, each party reviews the draft Separation Agreement with his/her own attorney. The finalized agreement can then be filed in Court. 

How long will it take?

While it is often difficult at the outset to predict exactly how much time will be necessary to complete the process, mediation typically takes 2-4 sessions, each of which lasts two hours.

How do we know what is fair? Will the mediators tell us what to decide?

Mediators do not determine the specific content of the agreement; the divorcing couple maintains control over the decisions affecting their post-separation lives and actively shapes the terms of their agreement. There are, however, guidelines with regard to child support and visitation, as well as some basic assumptions about the division of assets.  The mediators will assist the parties with their decision-making process. If requested, we can also make referrals to independent financial advisors or other consultants who may be helpful to the parties as they work through the issues being mediated.

Can our mediator represent either of us as an attorney in a divorce proceeding or give us legal advice after the mediation is over? 

No. A mediator’s role in a divorce mediation is to act as a neutral third party. Directly representing either you or your spouse during the mediation would take away from this neutrality and could cause a conflict of interest.

Although our team always includes an experienced attorney, the role of the mediator is not as a legal advocate or advisor for either party. The mediator is a neutral facilitator whose role is to assist families in their negotiation process.

We strongly recommend that each party consult with an attorney to review the draft Separation Agreement, as well as other forms required by the courts before these documents are finalized and submitted to the court. This typically involves a very short time and financial commitment since it is only a review of documents, as compared to using lawyers as a primary form of divorce. 

What if life circumstances change and our incomes change, or we want to alter the childcare arrangements after the divorce is final?

The Separation Agreement usually includes a clause that addresses concerns about a major increase or decrease in income.  Child support can also be renegotiated based on such a shift.  Language contemplating the changing financial circumstances based on children reaching maturity can also be built into the Agreement.

It is understood that child-care arrangements may change over time based on the developmental needs of the child, or new family circumstances resulting from remarriage or other life changes.  The Separation Agreement can reflect as much flexibility as both parties are comfortable with. The Agreement can also build in a mechanism for returning to mediation if differences arise post-divorce.

Are there situations for which mediation is not an appropriate option? 

Mediation presumes at least a minimal level of trust, and for this reason, may be inappropriate in families in which there has been a history of spousal abuse or other significant power imbalance. Where one party is unwilling or unable to participate fully and freely, mediation may not be appropriate. These situations can often be identified during the intake process and referred to a more appropriate service provider. The mediation may be terminated at any time by either of the parties (or by the mediators) if it is determined that the process is ineffective. 

What if my spouse doesn’t agree to use mediation?

Because mediation is a voluntary process, no one can be forced to participate.  If one party is having difficulty simply accepting the fact that the divorce is happening, clear decision-making may not be realistic and mediation may not be appropriate in this situation. 

If we decide to go forward with mediation, what are the next steps? How do we get started?

When you reach out to us, the office staff will pass your contact information on to one of our experienced family mediators for a complementary intake conversation, ideally with each partner. Once both parties understand the process and agree to proceed, the office staff will assist in scheduling a mutually convenient meeting for you and your spouse with the mediation team.

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