Parker Mediation provides Divorce Mediation Services in Massachusetts. Confidential Communications during Mediation in Massachusetts is governed by M.G.L.A. 233 § 23C.

§ 23C. Work product of mediator confidential; confidential communications; exception; mediator defined

All memoranda, and other work product prepared by a mediator and a mediator’s case files shall be confidential and not subject to disclosure in any judicial or administrative proceeding involving any of the parties to any mediation to which such materials apply. Any communication made in the course of and relating to the subject matter of any mediation and which is made in the presence of such mediator by any participant, mediator or other person shall be a confidential communication and not subject to disclosure in any judicial or administrative proceeding; provided, however, that the provisions of this section shall not apply to the mediation of labor disputes.

For the purposes of this section a “mediator” shall mean a person not a party to a dispute who enters into a written agreement with the parties to assist them in resolving their disputes and has completed at least thirty hours of training in mediation and who either has four years of professional experience as a mediator or is accountable to a dispute resolution organization which has been in existence for at least three years or one who has been appointed to mediate by a judicial or governmental body.

Mass. Gen. Laws Ann. ch. 233, § 23C

It may make sense to ask the mediator that handled your case to provide you with the answer or check with an attorney regarding the laws in your state. Best wishes, and if we can help you further, feel free to call us at 508 795 0200.

The Alimony Reform Act of 2011, amends Chapter 208 §34 of the Massachusetts General Laws by adding §§48-55. The new alimony law goes in to effect March  1, 2012.  It provides updated guidelines for determining alimony in Massachusetts, including presumptive limits on the amount and duration of alimony.  The new law  will promote consistency in alimony orders and flexibility in the types of alimony  ordered, while reserving judicial discretion for special circumstances.

Under the Alimony Reform Act of 2011, there are several types of alimony: General Alimony, Rehabilitative Alimony, Reimbursement Alimony
and Transitional Alimony.  The new alimony guidelines create a structure for determinations of alimony. The various types of alimony provide for increased flexibility in making alimony orders, while specific guidelines promote consistency in alimony orders. Since there are always special circumstances, the new Alimony Act preserves judicial discretion in creating fair and equitable alimony orders.

Contact an experienced divorce attorney mediator to learn how the Alimony Reform Act of 2011 may affect you.  If you are contemplating divorce, if you are currently receiving alimony, if you are paying alimony, or if you are a stay-at-home parent, you need to understand the impact of the new alimony laws.  Contact us at 508 795 0200 to learn more.

This year marks the 125th anniversary of the Worcester County Bar Association. The WCBA provides many continuing legal education programs to attorneys and services to the community. Larri continues the rich tradition of providing leadership and service to the Bar and the community and hopes to foster and encourage cooperation, fairness, integrity and civility in resolving disputes both in court and through conflict management processes out of court. Larri will promote activities designed to promote networking for dispute resolvers, best practices and increased awareness and understanding of managing conflict without going to court.

My husband and I have been married for almost 10 years, I’ve been unhappy in our marriage for the past 4 years. We have agreed to get divorced.  He is a successful CFO of a Worcester, Massachusetts based company and is very powerful and influential.  Given his personality, do I have any hope that divorce mediation will be successful?

ATTORNEY ANSWER:

Divorce mediation can still be successful.  You should share your concerns about your husband’s stature and personality with the mediator in your husband’s presence so that your feelings can taken into consideration.  Many successful mediations involve couples with different or asymmetric strengths and weaknesses.

My husband and I have been married for 4 years.  We rent an apartment in Chatham, MA, have no kids and few assets.  We agreed to mediate our divorce, but can divorce mediation be successful if my husband has been physically threatening to me?

ATTORNEY ANSWER:

No one should feel physically threatened in mediation or in a relationship.  If your safety is at risk, you should consider a restraining order.  Go to a courthouse near you or to the police. If you’re not sure about this, talk to a lawyer with family law experience.  It’s unlikely that mediation would be successful in a threatening environment.

We have been divorced since 2008 with shared custody.  My ex-husband was supposed to see our son every other weekend and he saw him for 2 weekends and hasn’t seen him since.  My son and I live in Worcester, MA and I recently found out my ex moved to Mexico.  Since he moved and hasn’t seen my son for 2 1/2 years, I decided to get a modification in which I’m asking for sole legal custody. We had a mediation in which he did appear saying that he has seen his son recently which is a total lie.  We have a court date coming up and I don’t know what the judge might rule. I’m not closed to the option of him seeing his son but I’d rather have sole custody because to my son he is a total stranger.

ATTORNEY ANSWER:

The court will consider any reasonable visitation schedule proposed by the parties jointly or separately.  Predicting the outcome when one party lives in Mexico is impossible. You may need counsel at the upcoming hearing.   If your husband is lying in mediation, that should be addressed with the mediator.  Mediation requires complete honesty to be successful.

My husband and I are getting divorced and have both agreed to go through divorce mediation.  It seems that’s the only thing we can agree on.  He already has his own apartment in Shrewsbury, MA, but we can’t agree on how many nights our children can stay over with him.  I think they should be in their own familiar home until everything is sorted out.  In general, how long will mediation take and what would you advise we do in the meantime while we’re figuring things out?

ATTORNEY ANSWER:

The amount of time for mediation varies with the number of issues to be resolved and the ease or difficulty with which the parties address those issues.  The mediator can help the parties focus, but, in the end, it’s the parties who control this.  I have two recommendations.  You and your husband can begin mediation by limiting the subject to parental visitation.  Unless there are safety issues for the children, there should be visitation by the father, including overnights, while the mediation continues.  To wait for final resolution gives you a de facto veto over visitation by dragging out the procedure.  Or, if you and the father cannot agree, you can file for divorce and move for temporary orders so that a judge can hear your respective positions on visitation, then rule accordingly.  Once the temporary orders are in place, the mediation can take place with much less pressure on either party.

My husband and I have been married for 8 years.  We live in Marlborough MA with our 2 children.  We are considering divorce mediation but aren’t sure if it’s “right” for us.  How do we know if divorce mediation is “right” for us?

ATTORNEY ANSWER:

Divorce mediation is a low-cost, civilized way to discuss and resolve issues prior to filing for a divorce.  Unless you and your spouse are in “War of the Roses” mode, there is nothing to be lost in attempting divorce mediation to address at least some of the divorce issues.  Usually a couple can move on from relatively easy issues to the more difficult ones once a discussion pattern has developed.  Even if the divorce mediation fails, you have lost only time and some relatively small fees.  Couples can always revert back to the traditional, costly adversarial process.

I’m getting a divorce. My wife makes more money than I do, will I be entitled to alimony and how is it determined in Massachusetts?

ATTORNEY ANSWER:

A new bill on Alimony was filed in January 2011 in the Massachusetts Senate.  It is not law yet, but if enacted, it will reform Alimony Law in Massachusetts.  The proposed bill would create several categories of alimony, establish durational limits, and provide guidelines on the calculation of alimony payments.

The Alimony Reform Act of 2011 contemplates several different types of alimony.   The general definitions as proposed state:
(a) “Alimony” is the payment of support from one spouse to another for a reasonable length of time, pursuant to a court order and for the purpose of providing a spouse in need of support periodic payments from a spouse who has the ability to pay it.

(b) “General Term Alimony” is the periodic payment of support to a recipient spouse who is economically dependent.

(c) “Rehabilitative Alimony” is the periodic payment of support to a recipient spouse who is expected to become economically self-sufficient by a predicted time, such as, without limitation, reemployment; completion of job training; or receipt of a sum due from the payor spouse pursuant to a judgment.

(d) “Reimbursement Alimony” is the periodic or one-time payment of support to a recipient spouse after a marriage of not more than five years and for the purpose of compensating the recipient for economic or noneconomic contribution to the financial resources of the payor spouse, such as enabling the payor spouse to complete an education or job training.

(e) “Transitional Alimony” is the periodic or one-time payment of support to a recipient spouse after a marriage of not more than five years and for the purpose of transitioning the recipient to an adjusted lifestyle or location as a result of the divorce.

The duration of general term alimony is calculated to be a percentage of the length of the marriage.  Cohabitation and retirement age are considerations for suspending or terminating general term alimony.  Rehabilitative alimony will generally end within five years, or sooner if the recipient remarries.  Reimbursement alimony may be paid in one payment or periodic payments. Transitional alimony is limited to less than three years.

The factors previously used to divide marital assets and determine alimony will still be used to determine the type and duration of alimony. These factors include the length of the marriage; age of the parties; health of the parties; both parties’ income, employment and employability, including employability through reasonable diligence and additional training, if necessary; economic and non-economic contribution to the marriage; marital lifestyle; ability of each party to maintain the marital lifestyle; lost economic opportunity as a result of the marriage; and such other factors as the court may deem relevant and material.

The Alimony Reform Act of 2011 also provides guidelines for the calculation of the amount of alimony based on the relative gross incomes of the parties.  The guidelines suggest the amount of alimony should generally not exceed the recipient’s need or 30 percent to 35 percent of the difference between the parties gross incomes.

The proposed bill, acknowledges a shift in society, where both spouses often work outside the home and contribute to homemaking and parenting responsibilities. Alimony is not an entitlement; every divorce case is unique.  The Alimony Reform Act of 2011 is a more predictable tool to be used in determining alimony.  If it is implemented, there will be some kinks to work out, but hopefully it will help establish more uniformity in alimony decisions than in the past.