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Mediation is usually not the best road for divorcing
couples. However - when appropriate - mediation can save time and avoid
the discomfort of Adversarial Divorce.
Mediation is one of three roads to divorce in
Massachusetts. The other two are Adversarial Divorce
and Collaborative
Divorce.
In mediation, the mediator concentrates on “interests” rather than
“positions.”
For example, one spouse’s position might be that the spouse is entitled to
the van; therefore, the other spouse should get the sedan.
If the other spouse disagrees, only a judge can settle the dispute as to
who is entitled to the van.
In mediation, the issue is not who is "entitled" but rather what is the
interest in the van. If the spouse who wants the van intends to use it to
start a home-based business and earn an income, the other spouse may like
that idea and, therefore, agree to give up the van.
In Massachusetts a mediator cannot, by law, give any legal advice.
Many mediators require each spouse to have an attorney with whom the
spouse may consult if necessary. In mediation, a spouse’s attorney usually
does not attend sessions and usually acts as an advisor not an advocate.
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AS THE MEDIATOR FOR YOU AND YOUR SPOUSE:
I will guide the two of you to express interests rather than your entitlements.
I will emphasize the need to always do what is
best for your children if you have children.
I will use my experience and training as a
mediator to bring the two of you together to formulate your own
divorce agreement.
I will prepare a formal Divorce Separation Agreement to
be reviewed by your own attorney.
I will help the two of you make the best of a
difficult time.
I will probably save each of you the unnecessary expenditure of
money, time and emotional trauma.
See The Three Roads to Divorce to learn more
about your options.
To learn more about my other services go to:
Adversarial Divorce,
Collaborative Divorce,
Divorce Arbitration,
Divorce Coaching and Negotiation Help. |
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