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If it is found that either party was coerced into signing a contract, the court will usually refuse to enforce it. Relatively equitable: Even if all signatories understand and sign a contract freely, courts will often refuse to enforce blatantly unfair or “unconscionable” agreements.

Disadvantages of Mediation It is important to remember that, as an impartial third party, mediators cannot act as lawyers or provide legal advice. In cases where there is a power imbalance between the spouses, the mediator may not advocate for the disadvantaged spouse.

If there are financial issues the Mediator may see you for around two or three sessions, but for issues only involving children it will more commonly be only one or two. The Mediator will work with the parties at a pace that they can manage. Completed Mediation usually takes anything from 2 weeks to 4 months.

In interest-based mediation, YOU make the decisions. The mediator starts the process by finding out what is important to you, your goals and interests and helps you understand the legal questions that must be answered. The mediator will make sure you have all the necessary information to make informed decisions.

Most mediations proceed as follows: Stage 1: Mediator's opening statement. Stage 2: Disputants' opening statements. Stage 3: Joint discussion. Stage 4: Private caucuses. Stage 5: Joint negotiation. Stage 6: Closure.

At the end of mediation you'll get a document showing what you agreed. This agreement is not legally binding. If you want a legally binding agreement you need to draft a consent order and get a court to approve it. The consent order can be based on what you agreed in mediation.

Massachusetts' Mediation Confidentiality Statute: 233, s. 23C states: All memoranda, and other work product prepared by a mediator and a mediator's case files shall be confidential and not subject to disclosure in any judicial or administrative proceeding involving any of the parties to which such materials apply.

Mediation: Ten Rules for Success Rule 1: The decision makers must participate. Rule 2: The important documents must be physically present. Rule 3: Be right, but only to a point. Rule 4: Build a deal. Rule 5: Treat the other party with respect. Rule 6: Be persuasive. Rule 7: Focus on interests.

An uncontested divorce will finalize within 90 to 120 days. If there is a separation agreement involved, the timeline is closer to the 120 days. There are simplified divorce procedures for people who are in complete agreement and they may apply to you.