In the mediation process, an impartial third party assists parties in achieving a resolution. The parties themselves are responsible for deciding the outcome of the resolution.
The mediation process:
• Is voluntary and non-binding
• Allows parties to decide the outcome, and is
• Consensual and Confidential
There are number of benefits to mediation. It is much faster and much less expensive than litigation. Costs of mediation are usually shared by both parties. The parties themselves are responsible for the final agreement, avoiding a judgment delivered by a judge, which may or not be favorable. Since the parties themselves craft the agreement, with the assistance of the mediator, the adversarial process is eliminated. The agreement is submitted to the court to approve and enter. Consequently, there is a much higher success rate with mediation.
Some of the benefits are:
Confidentiality is important in the mediation process. It creates a safe space where parties can share information and discuss resolutions. Most states have enacted a statute to protect communications made during mediation. Nothing that happens during the session is to be disclosed by the mediator, including settlement terms, without permission by the parties involved. In addition, because the process is private and confidential, there are no public court records.
SAVE TIME AND MONEY
Time is money. The divorce litigation process is very expensive and time consuming. Mediation will allow you to save both time and money. Lengthy court cases are avoided and the parties will save substantial costs. FYI-legal costs are NOT deductible for tax purposes.
HIGH SUCCESS RATE
The parties have control of the final resolution. Parties craft their own agreement and this results in a higher success rate.
If there are minor children involved which is more often the case, the mediation process will be less stressful on the children.
What to Expect
Initial Meeting/ Free Consultation with both parties
2nd Meeting– Informational Gathering, including financials, discuss major issues of the case, etc. Sign Agreement to Mediate
Scheduled mediation-. Mediation process takes usually 2 to 3 hrs. $125 per hour
Memorandum Of Understanding-. This is the agreement made by the parties to present to court for approval. There is a 120 day waiting period ( NISI) in Massachusetts. After that, the divorce will be final. Flat fee -$375.00 includes preparation, draft to parties and final written agreement for submission to court.
About Mediation Solutions
EDUCATION AND TRAINING
Brian Folven holds a Juris Doctorate from the Massachusetts School of Law and is a certified divorce mediator. He received his training in mediation from The Center of Negotiation and Mediation Training, Andover, Massachusetts and Conflict Resolution Training, Inc., E. Greenwich, Rhode Island.