Cape Cod Divorce & Mediation, P.C.
Law Office of Chantal Hayes Rice, Esq.
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What is mediation?

Mediation is a confidential and voluntary form of structured negotiation designed to help clients reach an informed agreement with the assistance of one impartial mediator.  The mediator acts like a coach who tries to get the parties to come to an agreement. The mediator must remain neutral at all times during the mediation process, therefore neither party may contact the mediator outside the mediation, unless the other party consents to the conversation.  

The mediator does not represent either party in the action for divorce and cannot under any circumstances give legal advice to either party.  This is often a difficult concept for the couple to grasp because there are many legal questions that need to be addressed in a divorce.   At times the mediator may explain some legal concepts and give suggestions on how to structure an agreement, however, the mediator cannot give legal advice because the mediator is acting as a neutral person and not as an attorney.  The parties are welcome to employ their own private attorneys at any stage during the mediation process.  The mediators have a list of local attorneys who are mediation friendly and will provide a Limited Assistance Representation (LAR).  

Couples should be aware that there is no requirement in Massachusetts that a mediator must be a licensed attorney.  In fact, many mediators are social workers, psychologists or other mental health professionals.  At Cape Cod DIVORCE & MEDIATION, our mediators are licensed attorneys who have completed the requisite certification training in divorce mediation.  In addition, the mediators are skilled in understanding family dynamics which is essential when working with couples.  The success of the mediation depends largely on the communication between the couple and the mediator's ability to effectively coach the couple to come to an agreement.  

If you have additional questions about mediation please visit our "FAQs about Mediation" link or schedule an appointment with our mediator for a free 1/2 hour consultation.               

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