Mediation and Mediation Support

Litigated divorce often leads to an expensive and destructive battle, leaving no true winners besides the lawyers. Instead of fostering a reasonable end to the marriage, litigation fosters a zero-sum, “winner takes all” mentality. This negative dynamic may only be disrupted by settlement discussions or a judge’s interventions after significant legal fees have piled up, costing tens of thousands to hundreds of thousands of dollars and subjecting both parties to months or years of stress.

In contrast, mediation provides a more efficient way to resolve disputes at a fraction of the cost. Mediation can help you find practical solutions that meet your family’s current and future needs. Rather than engaging in costly litigation that can drag on for years, our family law mediator/mediation support attorney in Sharon is here to help. Contact Nussbaum Family Law at 781-327-1907 for more information and to schedule a consultation.

Mediation Services Focused on the Client

Nussbaum Family Law specializes in divorce and family law mediation, offering an affordable and efficient alternative to litigation. We facilitate unbiased negotiations to help you achieve prompt settlements. For parents going through divorce, mediation promotes a constructive co-parenting relationship, enabling effective communication and mutual understanding while focusing on individual and shared interests, as well as your children’s well-being.

Our flexible approach accommodates your and your spouse’s preferences regarding session duration, discussion topics, and conflict resolution methods. Through mediation, we help you identify options, make informed decisions, and reach agreeable solutions in a confidential environment. Nussbaum Family Law can also draft your agreement and essential documents for review by your individual lawyer and filing with the Probate and Family Court, ensuring you have everything needed to finalize your divorce or other agreements.

Our mediation services offer numerous benefits, including:

Aligning with your interests, needs, and goals.
Cost-effectiveness.
Fostering positive working relationships with the other party.
Maintaining control over decisions and outcomes.
Enhancing communication and understanding while addressing both individual and shared interests.
Exploring options and achieving equitable agreements through a neutral, confidential process.

Understanding the Differences Between Mediation & Arbitration in Divorce

Mediation and arbitration are two distinct approaches to resolving disputes in a divorce, each offering unique advantages based on the specific situation.

Arbitration resembles a private trial and is often chosen when parties are already in high-conflict litigation. In this process, parties appoint a private judge to determine the terms of their divorce, affording them greater control over the scheduling of hearings and the pace of proceedings. However, arbitration also reinforces the adversarial nature of divorce litigation, as the parties/their counsel present arguments and evidence, the arbitrator’s decisions are final and difficult to appeal.

In contrast, mediation promotes a more collaborative approach. It enables both parties to bypass the legal system and concentrate on amicably resolving their disagreements, giving the parties control over the outcome. Mediation encourages cooperation and facilitates positive outcomes, striving for mutual agreement whenever possible.

Pursuing Out-of-Court Solutions for Your Divorce

Divorce usually involves stages of grief for both spouses, yet it doesn’t have to be overwhelmingly stressful or financially burdensome. At Nussbaum Family Law, we help you navigate issues that are often contested in court. Our comprehensive dispute resolution services are designed to help you address marital, divorce, and post-divorce matters efficiently and fairly, including:

In Massachusetts, divorce mediation offers a way to sidestep the unnecessary stress, public exposure, and high conflict associated with litigation. Our mediator/mediation support attorney in Canton provides cost-effective services focused on practical solutions that foster positive co-parenting after divorce.

The Importance of a Divorce Mediator

A divorce mediator acts as an impartial third party, helping clients reach agreements during the divorce process. A mediator plays a crucial role, by preparing clients for discussions, scheduling meetings, and providing a structured approach. The mediator guides clients in identifying options and solutions for the separation agreement while remaining neutral. Ultimately, clients make all key decisions regarding their divorce terms.

The mediator supports individuals in expressing their views, working through conflicts, and finding solutions that consider everyone’s interests. Key responsibilities include informing clients about essential information, helping clients engage in effective communication, and outlining the divorce process, which begins with the following steps:

Assist clients in gathering necessary information to prepare for mediation and scheduling an initial meeting.
During the first meeting, the mediator encourages clients to share their concerns, interests, and goals for both mediation and the divorce process. The mediator then helps the parties identify common objectives and conflict resolution strategies to ensure a successful mediation experience.
If the spouses are not already engaged in contested divorce proceedings, the mediator explains the uncontested divorce process, including the relevant legal standards, how the process works, the required documents, the hearing, and the expected timeline for completion.

Frequently Asked Questions

What Divorce Issues Can Be Resolved in Mediation?

All potential issues in your divorce can be addressed through mediation, including:

Identification of assets, including jointly and separately acquired properties and business interests
Child custody arrangements, legal and physical custody, including regular parenting time, holiday and vacation schedules, transportation, and medical care.
Child support obligations, calculated based on the Massachusetts Child Support Guidelines, although the parties may choose to deviate from the Guidelines based on special circumstances.
Alimony/Spousal Support considerations.
Division of Assets and Debt.
Life Insurance and Health Insurance.
Education and College costs.
Tax filing arrangements.
Grounds for “irreconcilable differences.”

What Happens During Divorce Mediation?

In a mediated divorce in Massachusetts, parties must submit a Separation Agreement to the court. Your mediator will guide you through a divorce mediation checklist to ensure all critical topics are covered. Nussbaum Family Law can draft your Separation Agreement, which should be reviewed by your individual attorney before signing. These agreements typically address various important areas, including:

Custody and parenting plans
Child support, including extracurricular activities, out-of-pocket medical expenses, and education/college costs
Alimony/Spousal Support
Health and Life Insurance
Division of Assets and Liabilities
Tax considerations
Name-change

At Nussbaum Family Law, our Sharon divorce mediator will provide required financial forms to complete before your first session, for a more efficient process. Additionally, our mediator will assist clients in navigating the child support guidelines, when applicable.

Why Do You Need a Mediation Support Lawyer?

Mediators can assist clients in many ways, but there are ethical and professional limits to their role. Mediators can offer legal information but they cannot provide legal advice. They cannot counsel you or your spouse on what is in your or their best interests, nor can they determine if your agreement is complete, accurately reflects your intentions, or meets your needs. Only your mediation support attorney can review your agreement to ensure it is complete, accurate, and in your best interests.

For these reasons, you need to engage your own mediation support attorney, at the very least, to review your draft agreement, financial statements under Rule 401, and other relevant documents before signing anything. Attorney review typically costs a fraction of the initial retainer you would pay for litigation and does not significantly increase the overall costs of mediation as compared to litigation.

If you hire your mediation support attorney early in the process, they can offer valuable advice on your legal rights, help you strategize, and prepare for mediation, including organizing your financial paperwork from the outset and throughout the proceedings. In cases of high conflict, your attorney may even accompany you to mediation sessions. Nussbaum Family Law offers mediation support services tailored to fit your needs and budget.

How Do I Choose a Divorce Mediator in Sharon, MA?

Choosing a divorce mediator in Sharon, MA requires careful consideration to ensure a successful process. Start by researching potential mediators’ qualifications and experience, focusing on their background in divorce and family law specific to Massachusetts. Look for someone trained in handling high-conflict situations who maintains a neutral approach to both parties.

Personal compatibility is also important. Schedule consultations with prospective mediators to evaluate their communication style and mediation approach. A good mediator should make both parties feel heard and respected, promoting a cooperative environment.

Finally, consider the cost of mediation services. While mediation is much less expensive than litigation, it’s essential to understand the fee structure and any additional costs upfront.

Selecting the right divorce mediator can greatly influence the outcome of your divorce, leading to a more amicable and efficient resolution.

How to Approach the Conversation About Divorce Mediation with Your Spouse?

Explain that divorce mediation offers numerous advantages, including significant cost savings as compared to litigation, control over the outcome, and confidentiality. Mediation provides an opportunity for both of you to craft a mutually beneficial separation agreement, allowing for a more amicable resolution. Explain that choosing mediation will allow you to use funds for your and your children’s future, instead of paying the high costs of litigation.

Contact Our Sharon Mediator/Mediation Support Lawyer For Additional Information And a Consultation

Nussbaum Family Law is dedicated to delivering practical and effective mediation and mediation support services in Sharon and throughout the Commonwealth. With extensive experience in Massachusetts divorce and family law, we are here to guide you through the complexities and challenges of your situation, providing a reliable and cost-effective approach to resolving your divorce.

We customize our methods to meet your unique needs. For more information about our mediation services and support from an experienced mediation lawyer, please reach out to our office at 781-327-1907.

Nussbaum Family Law, located in Sharon, offers experienced representation and mediation services to residents in cities and towns such as Canton, Foxborough, Franklin, Stoughton, Westwood, and throughout Norfolk County, Easton, Mansfield, Norfolk, Norton, and throughout Bristol County, as well as Bridgewater and Middleborough, and throughout Plymouth County.

Give Us A Call

781-327-1907