Additional Information:

I am a Marine and I filed for a uncontested divorce. I don’t want anything in the house at all. I don’t want to fight about a thing. We have a 17 month old daughter. I informed her of our mediation at the legal office on base. She called me 3 days before the appointment to tell me that she would not be there or do anything I ask of her towards the divorce. So, I am going to show up to mediation and have everything all figured out in my head but no spouse to talk things through. What happens next?

ATTORNEY ANSWER:

The mediation process is voluntary; parties attend and participate in the mediation sessions of their own volition. If your spouse is not ready to come to the table or to discuss the issues in good faith, you will want to explore your alternatives. Even if you begin using another system, such as traditional representation, you can always suspend an adversarial process and use mediation at any point. [Read more...]

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...]

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...]

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...]

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...]