Divorce Mediation

In Massachusetts, there are only two ways to get a divorce: either the parties agree as to the division of their property, the custody and support of their children, and the terms of spousal support, if any, or a judge decides these issues after a long, expensive and painful litigation process. If a couple cannot reach agreement about these issues on their own, yet they don't want a judge to decide for them, one option is to for them to hire a divorce mediator to help them reach a fair agreement.

A mediator does not represent either party. Rather, a mediator creates a cooperative environment where the couple can work together to reach agreement on the terms of their divorce. Both parties retain the right to consult with their own attorneys during the process. Once an agreement is reached, the mediator will write up the agreement into a document which the parties can file in Court to obtain a divorce.

The mediation process works only if both the husband and wife are willing to make a full financial disclosure, and if they both are willing to make a good faith effort to reach agreement.

The benefits of mediation are:

Lower cost because the cost of the mediator is split between the parties, and the process takes a shorter amount of time. The amount of time needed to reach agreement varies based upon the level of conflict, the number of issues and the complexity of the parties' finances. Mediation costs $215 per hour, and a typical mediation takes approximately 10 hours.

Less painful for the children and the parties because the nasty battles that usually characterize the divorce litigation process are avoided.

Mediated settlements usually last longer and work better because the parties have more of a stake in an agreement that they worked out themselves.

The only pre-requisite for hiring our firm as a mediator is that you and your spouse have a dispute involving your divorce that you cannot resolve on your own. If you and your spouse have reached agreement on all issues, and you simply are looking for the cheapest and easiest way of completing the paperwork to finalize the divorce, then we suggest that one spouse retain an attorney to draft the paperwork, and the other spouse can retain an attorney if he or she wishes simply to review the agreement.

If you think mediation might work for you, please call or e-mail us for more information.


	Did you know? That mediation can be helpful at all stages of a divorce? If you did not use mediation for a divorce and now have changing circumstances that you think might require a trip back to court, consider mediation as an option for resolving disputes.

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Bolgen & Bolgen

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Copyright © 2005-2008 Bolgen & Bolgen. All rights reserved. These materials have been prepared by Bolgen & Bolgen for informational purposes only and are not legal advice. The material posted on this website is not intended to create, and receipt of it does not constitute, a lawyer-client relationship, and readers should not act upon it without seeking professional counsel.