Law Office of

Nora Daniels

Mediation by Choice

45 Cherry Place

Newton, MA  02465

Tel: 781-444-8888

Fax: 617-969-6922

Email: nora@noradaniels.com


DIVORCE AND SEPARATION ISSUES AND POST DIVORCE AND SEPARATION ISSUES

 

There are several compelling reasons to use mediation to assist you. First and foremost, is that especially when children are involved, mediation allows both parties to respectfully and confidentially discuss their concerns and to enter into a parenting plan that is right for their children, a plan that can work for their situation and meet the needs and interests of their children. In mediation you can take as much time as is necessary and add as much detail as necessary to develop your parenting plan in a setting that encourages communication and minimizes confrontation and stress.  Secondly, mediation is based on informed decision making. The mediator’s goal is to have both parties reach an informed agreement that is based on a full and fair disclosure of all information relevant to the dispute.  Therefore, when parties wish to divorce/separate amicably while gaining an understanding of the laws governing distribution of marital assets, custody or visitation issues and support, the use of mediation can quickly and readily identify the issues and the possible settlement options for the parties and result in a negotiated settlement while avoiding the prolonged stress, confrontation and significant costs associated with court actions.   Mediation sessions at Mediation By Choice are confidential and are held at flexible times and hours, so parties do not have to lose time out of work or away from other activities and responsibilities and their concerns do not become a part of the ‘public record’. This is in direct contrast to litigation wherein court dates are often out of the control of the parties, it may be hours sitting in court (with mounting legal fees) before your case is heard and judges make decisions with very limited time and information.Further, mediation is constructive verses destructive, because parties are encouraged to recognize the positive in the other person and to find a common ground for agreement. Especially when there will be future contact between the parties, such as in parenting, whatever goodwill and positive communication remain between the parties should be preserved, supported and encouraged rather than destroyed. Mediation encourages and can enhance communication skills between parties.Additionally, there can be closure to issues and a ‘contract’ between the parties once they reach an agreement. When the mediator is an attorney, the mediator can draft a separation/divorce agreement for the parties.  If the parties also have attorneys their attorneys can then review the agreement, assist them and present the agreement with them so that it is allowed by the Court.  If the parties choose not have an attorney(s) to assist them, when the mediator is an attorney he/she can draft the appropriate documents for the parties to file with the Court and obtain a court date to finalize their agreement.What types of issues can be mediated?Terms governing Child Custody Parenting Plans Support Issues, including Maintenance / Alimony/ Unallocated Support payments The structure of Future Payments in light of Tax Considerations Communication Issues relating to Third Parties Travel Issues Educational Plans and Funding for the Children or the Parties The Disposition/Sale/Maintenance of the Marital Residence and Other Assets The Division of Property The Division of Debt/Payment of Liabilities Post Divorce/Separation Matters Post Divorce Matters Simply stated, life is not static and things change, therefore, rather than turning to the courts for resolution, divorced and already separated parents often use mediation to help them creatively and effectively explore options while working within the structure of the divorce decree/agreement. By improving communication and developing an understanding of each person’s changing and future needs, ex-spouses can reach durable agreements that meet their interests and needs.  Then once their options have been explored and the parties reach an agreement, their mediator can draft a memorandum of understanding for the parties or, if their mediator is an attorney, their mediator can draft a (modification) agreement for the parties to bring to their respective attorneys to review. If the parties choose not to have an attorney(s) then if the mediator is an attorney, he/she can assist in drafting the documents that are necessary for the parties to file with the court in order to formalize and allow the changes they have negotiated.If you would like to learn more about how this office can assist you in mediating your matter, please feel free to contact Mediation By Choice by telephone 781-444-8888 or send an email tonora@noradaniels.com and schedule a confidential appointment to discuss your concerns.