Mediation Attorney in Massachusetts
Divorce and child custody disputes do not have to be devastating
Mediation Can Help
Divorce mediation is an alternative to divorce litigation and is very often a very good option for couples. The process is entirely voluntary. The mediator will guide you to explore options and negotiate terms that will fit with your plan of the future. Whether you are seeking the services of a mediator or a “mediation friendly” attorney to review a separation agreement which was drafted in Mediation, Attorney Stefanie M. Roberts is able to assist you.
From Stefanie: My approach as a mediator is to help the parties explore all their options, in a productive and dignified manner, and the consequences of their choices. My role is to be a neutral. I structure the “process” of the mediation; the parties are in control of the decisions. As the mediator, I do not represent either party as a lawyer. However, because of my legal training, I can draft the legal agreement that will be binding on the parties and will be adopted by a court. I advise each party to consult with an attorney or any other relevant professional, such as an accountant, at any point in the mediation, and especially prior to signing any agreement. My goal is to help my clients find cost-effective, workable solutions to resolve their issues and avoid the stress of the litigation process.
Divorce Mediation in Massachusetts FAQ
The Mediation Option
Many people, when faced with the prospect of an impending divorce, think first and foremost of going to trial. The thought of appearing before a judge is for many a terrifying ordeal which only adds stress to an already stressful situation. Mediation can be a comforting substitute for the anxiety of the courthouse. In Mediation, the courtroom is replaced by a more comfortable environment, thus helping to put your mind at ease. Your specific needs and personality should also be considered when making the choice to mediate. During consultation, we clearly explain the benefits and disadvantages of mediation vs hiring a full service attorney to negotiate on your behalf.
Is Mediation right for me?
Some divorces are, to say the least, simply not suitable for mediation. The disputants should have a respectful relationship with each other. Both parties should be capable of expressing their ideas, wants, and needs in a mature manner. It is also important for clients to remain mindful that many issues discussed during mediation, such as child custody, pensions, distribution of finances, and use of the primary residence have the potential to create a contentious atmosphere between the parties. In addition, it is important to understand that some people just are not cut out for mediation, and that is totally ok. Sometimes people requre the support of an attorney who is not personally coneccted to the the issues to negotiate on their behalf.
The Role of the Mediator
A mediator is not a judge. They do not make any decisions for the parties involved. Their primary goal is to assist both parties in reaching an agreement that is to their mutual satisfaction. Unlike judges, mediators often create unique agreements that deviate from the norm because the agreements are tailor made by the couple to fit their circumstances and desires. The mediator differs from the arbitrator in that the mediator can, and in fact is expected to, meet individually with each side. Hearing what each side truly wants out of the process makes the mediator’s job that much simpler, and everyone benefits.
The mediator also stands in contrast to attorneys because, unlike attorneys, who sometimes take an adversarial, competitive approach for their clients, the mediator’s job is to help both parties reach a suitable conclusion. Because the mediator can take no action that is binding on the disputants, there is little harm that can come about by choosing mediation before moving forward with litigation.
Mediation Has Positive Effects on Children
The client’s choice to mediate a conflict often has many beneficial effects on any children who may be involved. Mediation is generally less stressful than litigation, allowing for a more peaceful home during the conflict. In addition, children benefit from seeing their parents cooperating, even when they disagree with each other. The cooperation of the parents often leads to more joint custodies being awarded in mediation, benefiting the children with a continued future with both parents. Like many other issues in mediation, parties generally retain more control over their children’s interest and needs than they would if they chose litigation.
Mediation is Cost-Effective
For many clients, the best reason for choosing mediation will be the cost. Mediation will almost always be less expensive than litigation. While both mediation and litigation can involve experts, such as accountants and real estate appraisers, there is only one mediator; as opposed to two attorneys or more were the parties to appear in court. Remember that mediation is concerned with both parties working together, and doing so can dramatically decrease the billable time owed. The cost of divorce mediation is generally 40% – 60% lower than divorce litigation.
Let’s Work Together
(978) 537-9525
142 Main Street Leominster, MA 01453
Business Email: info@cirilloroberts.com
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