Can a lawyer hired by one spouse then become the mediator?

Additional Information:

Is it possible for the lawyer I hired in Marblehead to handle our divorce, to then become the lawyer to handle our mediated divorce?


A mediator is bound by ethical considerations to have not had a prior relationship with one party to the mediation. Any mediator who is a member of the Massachusetts Council of Family Mediation would have had to sign Standards which specifically prohibit a mediator from mediating when there has been previous professional relationship with one party as this would create an “actual or potential conflict of interest”.  A prior relationship might mean that the mediator would have difficulty maintaining neutrality and impartiality towards both parties. So clearly a lawyer that had originally represented one spouse would not meet this standard of no prior relationship. There are some cases where there had been a prior relationship, but it had been so long ago or of a very cursory nature, that the other party could release the mediator to mediate in that situation.

Marblehead, MA divorce mediator, Attorney Tracy Fischer  is a  Greater Boston family law and divorce mediator.   Divorce mediation is an alternative to divorce litigation and is often the best option for couples. Speaking with an experienced Massachusetts divorce mediator is often the best way to resolve your divorce amicably. Tracy provides mediation and family law services to individuals and families throughout the Boston Metro region including Andover, Beverly, Boxford, Burlington, Danvers, Gloucester, Marblehead, Newton, Needham, Peabody, Salem, Tewksbury, Topsfield, Waltham, Watertown,  Wayland, Wellesley, Weston and Wilmington, Massachusetts.

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