| What is mediation?
Mediation is an alternative means of resolving
disputes which is a voluntary, non-adversarial, dispute resolution option
for couples and families who are in the process of restructuring their lives.
The parties are helped to reach a self-determined and reasonable agreement
by a trained, neutral third party: a mediator. The structured process is
based upon the respect of the parties' autonomy and their ability to reach
a fair and workable agreement.
Do I need to hire a lawyer if I decide
to use mediation?
There is definitely a role for attorneys
during the mediation process. Although lawyers do not attend family mediation
sessions, I strongly encourage parties to have the agreement reviewed by
an attorney prior to signing it. I also encourage parties to consult an
attorney at any point during the mediation process if they have any questions
regarding any decisions they will be required to make.
What are the advantages of mediating
a divorce?
First, mediation is a less adversarial
means of resolving disputes, so the mediation process takes less of a personal
toll on the participants. If there are children involved, the parties will
need to have an ongoing relationship in dealing with the children, and the
process of mediation may enable couples to develop more constructive patterns
of communication. Mediation is also usually more efficient and less expensive
than traditional litigation.
If I use mediation, how long will it
be before my divorce becomes final?
In Massachusetts, an uncontested divorce
becomes final 120 days after the hearing. In New Hampshire, your divorce
becomes final on the day of the hearing.
How can I know if mediation is right
for me?
Mediation requires the active participation
of both parties, so if your spouse is unwilling to participate, mediation
may not be appropriate. Some mediators will not mediate if there is a history
of domestic violence, as it may affect the ability one party to make voluntary
decisions. Mediation also requires full financial disclosure. So if undisclosed
income or assets may be an issue, you may need litigation in order to establish
that fact. However, mediation is a viable alternative for many couples.
The best way to find out if mediation is right for you is for you and your
spouse to make an appointment with an experienced mediator. Our office gives
free one-half hour introductory sessions to couples considering mediation.
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