Bill > H2851

This bill proposes to add a new section to Chapter 208 of the General Laws, establishing mandatory mediation for divorce cases involving children and grandparents' visitation rights, aiming to reduce conflict, promote children's best interests, increase party satisfaction and decision-making, improve court order compliance, decrease case returns to court, and enhance court efficiency. While the court can order mediation for issues like child support, property settlement, and alimony, the mediator cannot make decisions or impose settlements, and parties retain their right to litigation if no agreement is reached. Mediation may be waived in cases of undue hardship, existing alternative dispute resolution agreements, allegations of child abuse or neglect, alcoholism or drug abuse (unless all parties agree), serious psychological or emotional abuse, or the unavailability of a suitable mediator, and importantly, domestic violence cases will not be subject to mandatory mediation unless all parties consent. All mediation proceedings and communications are confidential and privileged, and any agreements reached must be in writing and filed with the court, with parties expected to participate in good faith, and the Probate Court will set rules and fees, including provisions for indigent parties.