Sessions
The length of a mediation session is
two hours. Appointments are typically scheduled every two weeks. Clients
may communicate with the mediator between sessions via telephone,
e-mail or written correspondence.
A typical mediation sequence is as follows:
First Session:
The mediator will explain the divorce process, including divorce
filing and time-lines in the Probate and Family Court. Your mediator
obtains pertinent information and provides a specific list of financial
documents required for the process known as "legal discovery." The
mediation contract sets forth the confidentiality of the mediation
process as per Massachusetts General Law.
As many clients are still living together, the mediator will address this situation.
Child Custody (if applicable):
When minor children are involved, the session
begins with an explanation and discussion of legal and physical
custody. Your mediator will explain the practical and legal significance
of different parenting arrangements. You will receive information about
Massachusetts court mandated Parent Education Programs. With the
mediator's assistance, you will create a parenting plan specifically for
your family.
Child Support and Alimony (if applicable):
A review of both income and living expense is a major consideration for child support and alimony. Your mediator will explain and complete the Massachusetts Child Support Guidelines
Worksheet as well as provide a tax analysis of support options.
Responsibility for your child's future educational expenses is
addressed.
Asset, Liability, and Property Division:
The division of assets session begins with an in-depth look at the marital house and the
financial and tax implications of sole or continued joint ownership. All
assets are discussed, such as retirement plans, brokerage accounts,
stocks and bonds, vehicles, business valuations, and house contents.
Liability decisions include responsibility for mortgage notes, equity
lines, car loans, promissory notes, life insurance, pension loans,
credit card and all other debt.
Insurance Benefits and Tax Consequences:
Medical insurance coverage for spouse and
child, a major concern in divorce, will be addressed. Responsibility for
other insurances, including dental, life and disability, are discussed.
Tax issues include child dependency exemptions, filing status, and tax
planning to minimize or eliminate tax upon transfer of assets. Your
particular situation may require the resolution of additional issues.
Final Session:
Before this appointment, you will receive
your Divorce Agreement with ample time to review and make any changes.
If you have chosen to use a consulting attorney, they will have time to
review the document.
At the final mediation session, the
Divorce Agreement and additional required court forms are signed and
notarized. For your convenience, every mediator in our firm is a Notary.
All documents are then submitted to the Probate and Family Court for a
hearing date and Judge's approval of your settlement.