September 18, 2017
By Laura Fabiano
Often situations arise post-divorce regarding custody or support of the children that need to be discussed and the parties are too emotional about the issues to discuss them and settle them on their own. In some cases, divorcing parties may not have ended the relationship on amicable terms. One party may feel angry enough or strongly enough about the issue to file a motion with the court. This may result in both parties appearing before a judge who then can make a ruling to amend the separation agreement and settle the dispute. Another option could be to try mediation.
Sitting down with a mediator puts the parties in control of resolving the dispute. Perhaps once each party shares their current situation in the privacy of a room with a mediator, the other party can better process it. These days, many divorced couples only communicate via email up to this point, talking it out with a neutral party such as the mediator present may be more beneficial. Wants and needs are shared, and with the assistance of a skilled mediator, parties should be able to come to terms both can live with. Anger is diffused during post-divorce mediation. Defenses may go down. If a motion was filed, at this point the mediator can draft a modification which the parties can jointly present to the judge.
So why not just skip mediation and let the judge decide? One party may very well get what they want from the judge but how does this leave the other party? Often frustrated and angry, and, therefore, unwilling to cooperate on other issues in the future. There are many risks in having a judge decide. For example, neither party may get what they really hoped for. One party could even end up in jail if they were in contempt of requirements set forth in the Separation Agreement. If children are involved, the less tension the better. Divorce is hard enough on all parties involved. Mediation can continue to help the parents move on with their lives in a less stressful and more respectful manner.
To learn more about post-divorce mediation, schedule a consultation with a mediator or contact Josh Hoch, MWI’s Director of Mediation Services at 617-895-4028 or email@example.com.
Laura Fabiano is a divorce and family mediator with MWI. She strives to make divorce a peaceful transition for the parties and minimize any stress in the process. Laura helps her clients find the best options for child custody and parenting plans and has a good understanding of how the various options can best benefit the children in the transition.
To request additional information about MWI Mediator Laura Fabiano, click here.