As a mediator, I am retained by
both parties to mediate issues in any of the practice areas listed under legal representation. Because I have completed the requisite
amount of mediation training and am a member of the Massachusetts
Council on Family Mediation, communications between my mediation
clients and me are confidential by operation of law. As a result, neither client may call me as a witness in any subsequent litigation in Court. Below are two
types of mediation services that I offer:
Traditional Mediation
As a traditional mediator, I work
directly with couples who have the desire and ability to work together to resolve their issues. My role is to assist my
clients with the creation of their own settlement. Once I provide mediation services to a client, however, I can never
represent that client as an attorney. For that reason, I recommend that each client obtain a separate
attorney to provide individually tailored legal advice. Some clients choose not to retain an attorney, and in most
instances, that is not a problem.
Mediation can be a healing process
that sometimes involves less conflict and moves faster than
with traditional legal representation. Mediation is not
for everyone, but if both people have a desire to try mediation,
can both safely articulate their own needs and desires in
the other's presence, both have a relatively similar level
of sophistication when it comes to the issue at hand (whether
it be child-related or financial), and are both confident
that the other person will participate with full financial
disclosure, there's a good chance that mediation will be
successful. I am also comfortable serving as a mediator
with attorneys participating in the mediation, if the clients
so prefer.
When we have resolved
the outstanding issues in mediation, I draft a Separation
Agreement which becomes the final Judgment of Divorce.
I provide my clients with a "self-help" packet
with the necessary forms and instructions so they can file
their divorce action themselves.
Case Evaluation
As a case evaluation mediator, I meet with both parties
and their attorneys (if they are represented by counsel),
review documents provided by them, and offer opinions and
guidance to help the parties settle the unresolved issues. This can be
a very useful tool for a complex case that is headed to
trial with no likely settlement in sight. Trials are expensive
and emotionally draining and should be avoided whenever
possible. Case evaluation can steer a case away from a trial
and quickly move it toward creative settlement.
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