Alternatives to Massachusetts Family Court

By Tracy Fischer

Family law disputes such as divorce, child custody, visitation, and spousal support discussions are often emotional and can be stressful. When two parties cannot agree, they may believe taking their case to court is the only option. However, litigation is expensive, emotionally draining and can be a very lengthy process. Additionally, the courtroom environment empowers the judge to make decisions instead of allowing the two parties involved to decide what is best.

There are viable alternatives to litigation and these options often allow the parties involved to determine what works best. Consider these effective alternatives.

1. Use a Mediator. Mediation is a productive way for each party to discuss, generate options and decide for themselves the issues that are important to them, including child custody, financial support and property division. A professional mediator is a neutral facilitator trained in the process of helping couples find common ground. Through a series of meetings, the mediator will draft a document outlining the agreement on all aspects that are required in a comprehensive divorce agreement. That document will then be submitted to the court for approval. It is not a legally binding document until approved by a judge. Since a mediator gives legal information only, it is recommended that both parties consult an attorney to discuss their individual rights and the consequences of certain decisions within the agreement drafted by the mediator. Look for a Certified Mediator at MCFM.org.