- What is mediation for separating and divorcing couples? It is a way the parties can control their own decision making about their future. It can have some real benefits, for parents who will continue to need to figure out ways to parent their children. Not only as minors, but even as adults. The work in mediation can help in future communications. In addition, it can save the parties a lot of time, money and reach a full agreement rather than the Judge reaching an agreement.
- What does a Mediator do? A divorce mediator is a neutral party that is trained specifically to help couples to resolve their issues in divorce and will help with the communications between each party. They will give information about the legal system, how lawyers and judges are viewed and what alternatives there are in term of trying to resolve the case. You still have the option of having an attorney review the Agreement or help you during the divorce mediation.
- How does Divorce Mediation Work in Massachusetts? Each mediator handles things differently. My office, I will offer a half hour informational session and have approximately one-hour sessions every week or every other week depending on the couple. Generally, will meet with both parties together and will go over the issues in the divorce; see which issues are agreed to; which are contested if any; describe some options; describe some of the homework the parties need to do. In addition, you will need to get some financial and biographical information from the parties that would be ideal prior to the first session but can do that as we go. My office prepares a draft of an Agreement along with the divorce documents; such as the Joint Petition for Divorce; and so forth.
- How long does Mediation Take? Every couple and every situation can be different. However, most of the time it is under 10 hours, sometimes less and sometimes more.
- Which is more Expensive a Mediation or having Lawyers handle the Divorce? I represent people both as an attorney and work as individual parties as a mediator in different circumstances. I charge the same hourly rate in all, but I do not require a retainer as a divorce mediator. Generally, the amount of time is a fraction of that in litigation. Almost all the time it is significantly less expensive than hiring an attorney. Most times it might be a 1/10th or even less of the cost of a litigated divorce case.
