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What are the Main Principles of Mediation?
Mediators do not take sides. Rather, mediators work on behalf of both spouses. Remaining neutral fosters trust in the process. This allows the mediator to reframe issues effectively, and facilitate more constructive communication. Mediator neutrality preserves the mediator’s role as facilitator and conflict resolver, allowing the parties to make their own decisions.
Mediation is confidential. Everything discussed in mediation will be kept private. Mediators cannot be subpoenaed or called to testify on behalf of mediation clients. This allows the mediation room to be a safe place that fosters open dialogue. The open dialogue ultimately leads to better understanding of the issues, the interests of everyone involved, and more creative and flexible solutions.
Clients choose to participate in mediation. Mediation is only effective if spouses are invested in resolving their issues collaboratively. Just as participants elect to engage in mediation they can also elect to withdraw from mediation at any time.
Clients make their own decisions. Unlike litigation or arbitration, the married couple makes decisions that are in their own best interest, rather than having an attorney or judge decide on their behalf.
Clients should be well informed about divorce, the impact of divorce on their children, and the mediation process. The mediator will work hard to ensure the clients can make informed decisions.
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Massachusetts permits several grounds for divorce, including the traditional fault grounds (such as adultery or incarceration) as well as no-fault grounds, which means a faultless but irretrievable breakdown of the marriage has occurred.
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