May 19, 2012

I am unhappy with the mediation details. What can I do?

Additional Information:

After leaving the office and reading over the mediation details, I became unhappy with the outcome. I felt like I had to come to an agreement on the day that we met. What can I do?

ATTORNEY ANSWER:

Making life-altering decisions during divorce can be very stressful. If you have remorse about your agreement reached during mediation, you may want to schedule a legal consultation to discuss it with an attorney. You may feel better about your decision after speaking with a lawyer. You could also let your mediator and your spouse know how you’re feeling and request to schedule a session to discuss the matter further. [Read more...]

How do we get started with divorce mediation?

ATTORNEY ANSWER:

Parker Mediation has been mediating divorces and other family matters for over 10 years. We meet simultaneously with husband and wife to identify and address all the issues necessary to file for and obtain court approval of a divorce plan in Massachusetts. Our trained and certified mediators are attorneys with long experience in domestic relations matters. Briefly, mediation provides an opportunity for the parties to retain complete control and confidentiality of the process at considerably less expense and aggravation than an adversarial proceeding. We do not meet with parties individually, as that could cause concerns about our neutrality. Even though we are attorneys, we do not represent either party as legal counsel, so there is no attorney-client privilege. There are, however, statutory provisions for confidentiality in discussions with mediators. [Read more...]

What can I fight for and expect to get when I go to mediation?

Additional Information:

I have been married for about 6 years, and we have 3 minor children. I was a stay-at-home mom for my entire marriage. My husband filed for divorce and doesn’t give me enough to maintain the standard of living we had. What can I fight for and expect to get when I go to mediation?

ATTORNEY ANSWER:

This question cannot be answered effectively in a vacuum, even with these facts. There is no “standard” outcome. Mediation seeks custom-tailored solutions that will be acceptable to a probate court judge. Frequently, issues and solutions arise during the process that neither party expected. These unanticipated solutions can lead to creative and mutually satisfying agreements. As a final note, it is very rare that parties to a divorce are able to maintain the same standard of living that the parties had as a couple. Divisions of assets and liabilities, and support payments, usually make this impossible. [Read more...]

Can a lawyer hired by one partner then become the lawyer to handle a mediated divorce?

ATTORNEY ANSWER:

While ethically possible with the informed, written consent of the other party, it is not a good idea. The parties’ trust in the integrity and neutrality of the mediator is essential to success, not only during the mediation but afterwards, as well. The other party may be comfortable at the time of mediation, but may have lingering doubts about the process at some time long afterward. In my opinion, it is not worth the risk. [Read more...]

May the parties bring an attorney to the divorce mediation session?

Yes, but it is not necessary to bring an attorney to mediation sessions. Some parties choose to consult with an attorney or have an attorney look over the written agreement prior to signing it. [Read more...]

Does mediation really work?

Mediation is a fair and efficient process that avoids lengthy discovery, unnecessary litigation and court room battles. People reach agreement in a safe, calm environment, saving time and money. [Read more...]

What are the benefits of mediation?

Parties stay in control of the mediation process. Divorce mediation is less expensive than traditional divorce. Mediation permits parties to preserve or repair their relationship, which is especially important when children are involved.

Contact Parker Mediation and schedule a confidential consultation with one of our trained and experienced Massachusetts family law and divorce mediators. [Read more...]

Can mediation be used in all cases?

Most matters may be resolved through mediation. However cases involving active restraining orders are not appropriate for mediation and are generally not eligible for Parker Mediation services. Parker Mediation does provide referrals for parties seeking alternatives to mediation. [Read more...]

How long does the mediation process take?

Divorce mediation is an efficient process that saves time, money and heartache. Mediation avoids time consuming formal discovery and multiple court appearances typically encountered in traditional divorce litigation. People usually finish the mediation process in approximately 4-6 sessions. However, some people use more or less time depending on the unique circumstances of each case. [Read more...]

Is mediation confidential?

Parker Mediation maintains strict confidentiality in its mediation program. The mediator and the parties sign an agreement that they will keep everything that is revealed during the mediation confidential. Confidentiality allows the parties to conduct the mediation in an open and safe manner. People are more secure sharing information when it cannot be used for purposes other than the mediation. [Read more...]