WHO CAN BENEFIT FROM MEDIATION?
Mediation is an attractive option for people that want to maintain control of their conflict and not turn the outcome over to someone else (like a judge or battling lawyers). It is a good choice for parents who realize that although their relationship is certainly changing, maintaining a respectful relationship post-divorce has many benefits when it comes to their children and their own inner-peace (think “less stress”). Couples without children or with adult children also choose mediation as a more peaceful way to conclude their marriage and prepare for new beginnings. By taking ownership of the conflict and looking to the future, the parties can develop solutions with the mediator that will actually work, since any conflict that is finalized by a court order that one or both parties does not want is likely to fail. In a litigated case, this problem can often translate into additional court appearances for contempt actions and modifications.
BENEFITS OF MEDIATION
1. Less Stress –Couples in mediation are much less likely to entangle children in painful conflict and report less stress during divorce and in resolving post-divorce matters.
2. Client Value – Some people are initially attracted to mediation as a way to save money over a traditional court-based action. It is true that mediation is usually much less expensive than litigation. One of the most obvious reasons for this is that a single mediator is retained instead of individual attorneys. Even if one (or both) parties retain a lawyer to advise them during the mediation process or review the final negotiated agreement, there can still be substantial savings over a traditional divorce. Mediation is also very efficient. There are no fees billed to the clients for travel time or for waiting at court during numerous hearings.
3. Pace – A traditional court-based divorce can be very slow, and may take years to resolve. As cases linger, people tend to get more frustrated and spend more money. Parties who select mediation are able to control the speed of the process and move at their own pace.
4. Confidential Process – Unlike discussing the personal details of your marriage and family in an open court, mediation is private.
5. Flexible for Families – We fully support a client’s desire to use an outside professional in conjunction with mediation. Allied professionals such as divorce coaches, parenting specialists, or financial experts can play an important, supportive role in mediations, especially when people are experiencing very strong emotions or otherwise feel they would benefit from the inclusion of other experts.
6. Respectful and Dignified – Mediation is respectful of the human emotions present in every case. Although mediation is not therapy, it does provide the parties a safe place to display feelings such as sadness, anger, understanding, and empathy.
7. Empowered to Solve Your Own Conflict – Mediation recognizes that parties are often the best ones to decide how their assets are divided and what parenting plan will work for their children. The mediator assists in this process by helping the clients to understand the laws applicable to divorce and family law in Massachusetts, which allows the parties the ability to make their own informed decisions.
8. Consider New Options – A skilled mediator will help clients “expand the pie” or consider options not previously explored.
9. Scheduling – Court hearings, depositions, and other meetings are not scheduled around the clients, but around the schedule of the court and lawyers. In mediation, we offer flexible scheduling options for appointments.
10. Comprehensive Process – As attorneys, our mediators are legally able to draft your agreement and court pleadings for submission to the Probate and Family Court.
For more information, please contact Cunnally Law Group, LLC, Massachusetts Family Law attorneys and mediators, at (508) 594-3316.
