Frequently Asked Questions
How does divorce
mediation work?
Mediation
is an efficient and inexpensive procedure for reaching fair decisions. An
impartial mediator assists two individuals to make fair and equitable
agreements.
The vast majority of divorcing people do not know about the financial and
legal aspects of divorce. Your mediator will insure that you receive the
financial and legal information necessary to create the best possible
settlement suited to your individual needs.
At the end of the mediation, the mediator prepares the Divorce Agreement,
which is filed with the Massachusetts Family and Probate court.
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What are the benefits
of using a mediator?
The
benefits of using a mediator for your divorce
include:
- A mediator who will look out for
your best interests
- Significant cost savings and
reduced tax liabilities
- An explanation of finances and
legal issues, so that each person fully understands the consequences of
each decision
- The ability to negotiate a
settlement within a cooperative setting
- Greater control over your
decisions
- Protection of the rights and
interests of each individual
- Privacy as you work out an
agreement
- Assistance in keeping emotions
from financial decisions
- A procedure for gathering the
required legal information
- Agreements that are understood
by each person and will continue throughout the life of the agreement
Mediation
gives you the option to privately negotiate a settlement without the large
investment of time, money and emotion that adversarial divorces almost always
require.
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When is a good time
to start mediation?
You
may use our services before or after you separate.
We
recommend that you start divorce mediation prior to your separation, in order
for the mediator may help you to make good decisions and to avoid mistakes.
For example, your mediator will create the best temporary parenting
arrangement for you and your children; your mediator will determine the
correct amount of child support according to the Massachusetts
Child Support Guidelines; and your mediator will assist in
determining responsibility for rent and mortgage payments, as well as all
other expenses.
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How long does
mediation take?
Several
factors influence how long it will take to reach a final settlement:
- The number and complexity of
assets and liabilities
- Your understanding of choices
and options for assets, liabilities, insurances and support
- The way you each view legal and
physical custody
- The ability of you and your
spouse to agree
The
length of time is determined by the divorcing couple. The Family and Probate
Court will not intervene in a private mediation, rather, the court will
review the settlement at the court hearing. Once finalized, your agreements
regarding assets and liabilities are lasting and final, and your agreements
regarding support may be modified without a requirement to return to divorce
court.
In
every case, a mediated divorce settlement is reached in less time and with
less acrimony than in attorney-controlled collaborative or adversarial
negotiations.
By
comparison, an adversarial divorce can easily take two or more years before
the final settlement is hammered out, and even once finalized, the unfair
results often create a situation in which one or both parties return to the
Family and Probate Court to modify the terms of their settlement.
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