every mediation includes the preparation of all necessary documents for filing!
I'm a paragraph. Click here to add your own text and edit me.
Rebranding
I'm a paragraph. Click here to add your own text and edit me.
SEO Strategy
I'm a paragraph. Click here to add your own text and edit me.
HOW IT WORKS / FREQUENTLY ASKED QUESTIONS:
-
Can you explain the general overall process?
The following is a general outline of the process:
-
Initial Consultation: The initial consultation is free, and lasts 30 to 60 minutes, and is conducted with BOTH you and your spouse. During this consultation, our mediator will answer any questions, gather some preliminary information, and - based upon this information - will discuss pricing.
-
Mediation Agreement & Initial Payment: Both you and your spouse will be asked to sign and submit our "Mediation Agreement" along with the initial payment.
-
Mediation Conference I: This first mediation conference generally lasts between 90 to 120 minutes. At the outset our mediator will provide the parties with some very basic and general information about the divorce law and family law processes followed in the state, setting the stage for the parties to engage in open and frank discussions about all issues involved.
-
Mediation Conference II: A continuation of mediating all pertinent issues involved. Generally scheduled a week later and lasts 120 minutes or a bit less or more, depending on the parties and issues involved.
-
Mediation Conference III: The general goal is to have resolved all issues involved at this conference and to review the agreement reached on all issues between the parties.
-
Supplemental Mediation Conferences: The reality is that at times there are too many issues involved and too many assets to resolve everything in three conferences. Not to worry. Additional "supplemental mediation conferences" will be scheduled until the matter is resolved.
-
Document preparation & Review: We prepare the required documentation, based upon the agreement reached between the parties involved through mediation. We submit this documentation to each of the parties for their review and approval. If the written agreement accurately reflects the agreement reached, the parties will each endorse said agreement.
-
Filing of Documents & Agreement under Section 1A: The parties will then file the "divorce" (i.e., the necessary paperwork) at the relevant courthouse (varies based on domicile).
-
Court Hearing: After filing the paperwork the court will schedule a hearing for the agreement reached between the parties to be approved by a judge. The judge will usually review the agreement with the parties, and - if the agreement is accepted - a judgement nisi is entered (a provisional judgment, more or less).
-
Where are the conferences held? Do we have to travel far?
You don't have to travel at all, as all conferences are held virtually over Zoom, or - in some cases - over a similar video-conferencing app, when there are technical difficulties. We recommend you find a quiet, comfortable, place where you can talk freely and be uninterrupted for the duration of the conference.
-
Can mediation really save considerable time & money?
Absolutely! It also tends to result in far better agreements, for both parties, because the time is spent with both parties discussing and negotiating an agreement, rather than two lawyers yelling at each other over the phone and nothing being accomplished, while billing hours are increased.
Family law / divorce attorneys often do their job by initially taking extremely unreasonable positions, on behalf of their clients. This is because the attorney represents only the client. Even if a client wishes an outcome the attorney knows is unlikely to prevail, attorneys will often say nothing, as - regardless of the outcome - he or she gets to bill for the time spent pursuing that unreasonable position. We know this first hand, as most of us, as mediators, have worked for years as attorneys in family law.
Generally, it is not until trial is ready to commence, often that very day at the court house, that both sides suddenly become "reasonable." This is unfortunate, because - by this point - the client has spent many thousands or tens of thousands of dollars that could have been potentially avoided.
Because our mediators are not representing you as counsel, we are able to provide an atmosphere where this "reasonable" discussion can commence at the very outset. Our mediators, because of their extensive experience, are able to provide a discussion and atmosphere that allows our clients to reach an optimal agreement, without having paid 25-60 thousand dollars collecting data in the discovery process that is never used.
-
Why would I use mediation? I'm the breadwinner (or I took all the money out of all of our accounts). I'll go hire a lawyer for myself, push for all I can get, and my spouse won't even have the money to hire counsel.
Here's the problem with this thinking. Your spouse doesn't have to physically have money to hire a divorce attorney. If you've been shoveling money into an account that only you now have control over, this won't save you. Your spouse will simply tell the attorney that you have control over the money, and that attorney will file a motion to acquire attorney fees for your spouse, and - barring some unusual circumstances - almost every judge will approve this motion, and you will be required to turn over sufficient funds for your spouses' attorney fees and almost surely for sustenance as well.
-
Why don't you list your phone number?
If you have questions you wish to ask, prior to scheduling your free initial consultation, by all means, put them in an email (our email address for such contact is listed under the "contact us" tab along with a form) and we will respond. However, while it may seem like a small thing, it is very important that we maintain an unbiased, mediator, position. This means we prefer the first time that we literally speak with either party to be when both you and your spouse are present in the initial consultation conducted over Zoom. Even a brief phone call prior to the initial consultation can make the other spouse feel like you have a "leg up." For this reason, we ask that you simply email any questions. If you don't use the form, but use regular email, it is best if you cc your spouse as well.
-
If the majority of mediators have worked as lawyers in family law, does this mean you are representing us as attorneys?
Legally, it is important that you understand that the answer to this question is no. "Enlightened Divorce & Mediation of Massachusetts" is not a law firm, but a form of ADR (Alternative Dispute Resolution). For any attorney mediating a matter to also act as counsel for one or both of the individuals involved in the mediation would be a serious breach of duty.
If it helps, you might think of our mediators as representing the pursuit of a "reasonable negotiated agreement." The fact that the majority of our mediators have extensive family law experience as attorneys is irrelevant as to the question of representation. We are acting as mediators, not as attorneys, on your behalf. Our experience and background is important, only in as much as it assists in the mediation of complex family situations and helping the individuals involved reach an accepted agreement.
-
Do you provide the necessary paperwork for filing our divorce?
Yes! There are a few things we cannot provide, that you must acquire and/or prepare, but - other than these - after you and your spouse have reached an agreement through mediation we will distill that agreement into writing in the necessary format, otherwise known as a separation agreement We will also prepare the other documents required by the court (again, except for a couple of things you will need to prepare/acquire) so that all you will need to do is review them and then file them at the relevant courthouse.
-
Since we're resolving our divorce through mediation, what kind of divorce will we file?
Almost every divorce filed in Massachusetts is one of two options (there are a few exceptions, such as "fault based divorce' but these are rarely used). It is either filed under Mass. Section 1A or 1B. When the parties come to the courthouse, having already reached an agreement, the parties essentially file jointly, under Section 1A. As discussed above, our mediators will assist you with all relevant paperwork, after you and your spouse have reached an agreement through mediation.
If you and your spouse instead pursued an adversarial divorce, each hiring counsel, your divorce would be filed by only one party and it would be filed under Section 1B. Often though, the majority of these matters are later converted to agreed upon Section 1A divorces anyhow, only after many thousands of dollars have been spent by both parties in legal fees.
-
We just need to get a divorce. We already agree upon everything (e.g. couples with no children and virtually no assets). We just don't want to waste time by filing incorrect paperwork. Can you still help us?
Certainly. In this case, we can prepare the majority of the necessary paperwork, so that your filing is done correctly with all required paperwork and accepted by the court without needless delay. In such a case, we would not be mediating your matter, but essentially acting as a document preparation service. As we already do this for all of our mediations, we are happy to provide this service as well.
-
We have children and considerable assets. Can mediation work for us as well?
You may feel that you and your spouse simply have too many assets and too much at stake to not pursue your divorce through the adversarial system of each hiring counsel. We strongly believe this is faulty reasoning. As we pointed out above, the overwhelming majority of divorce matters filed under Section 1B by divorce attorneys, are later converted to a 1A anyhow. In other words, the majority of matters eventually reach a point akin to mediation, where both sides are being asked by their attorneys to consider all possibilities and reach a settlement, usually under threat of going forward with a trial and paying trial fees.
In reality, couples with considerable assets have more to lose - ergo they also potentially have far more to gain by pursing an agreement through mediation. Given that mediation is a fraction of the cost, we believe it is both prudent and cogent to, at the very least, attempt to resolve your divorce through mediation, even more so when considerable assets are at stake.
-
How much does mediation cost?
We employ a consistent standardized billing format, which is partially based upon factors that predict the amount of time that will have to be invested in mediating your case and distilling your agreement into writing and preparing the other necessary documents.
We use a partial flat-rate fee system, based upon these factors, which includes a reasonable number of conferences and hours to resolve your matter, and a partial hourly system, which comes into play when additional mediation conferences are required. This billing system allows you to essentially only pay for what you use.
After you and your spouse have met with our mediator, on your initial consultation, he or she will have gathered sufficient information to provide you both with pricing. As we've pointed out, mediation is generally a fraction of the cost of pursing a divorce through attorneys and the adversarial system. In addition, the fee is generally split between the spouses, reducing costs even further (other times one spouse will front the cost of the fee, but the parties will take this expenditure into consideration in reaching their agreement).
-
What is mediation exactly? Is it like Arbitration?
Both mediation and arbitration are forms of ADI (Alternative Dispute Resolution). However, unlike arbitration, mediation is not binding. A mediator's goal to assist the parties to willingly reach an agreement. This can be tricky, and is why our mediators all require extensive family law experience, even though they are not acting as counsel for the parties. Arbitration, on the other hand, is binding. Arbitration is essentially a "private legal system." The arbiter acts as judge, and his/her decision is binding.
Of course, once our mediator has assisted the parties to reach a willing agreement and those parties file that agreement, that agreement then becomes binding, as it has been filed with the court.
-
How does mediation also generally save the parties money in the future as well?
As part of their final agreement, the parties generally include a provision that if and when disputes arise in the future, both parties agree to first attempt to resolve their issue through mediation. This allows both parties to avoid having to run out and hire counsel in the future as well, and it allows you to simply incur the fee of that future mediation conference, rather than having to pay an attorney his/her entire retainer to handle the issue.
-
What if I want to use mediation, but my spouse doesn't?
Mediation only works when both parties agree to engage in it. If you want to settle your divorce through mediation, but your partner doesn't, it's very likely this is because they don't understand how it works or how effective it is. We suggest you provide a link to these FAQs to your spouse, so they can begin to understand that it truly is effective and how it works. You might convince your spouse to simply attend the initial consultation - and point out they have nothing to lose and everything to gain.
-
I'm not technologically savvy, and don't know how to use Zoom. What now?
We will provide assistance to anyone requiring technical assistance. We will walk you through the process until you are able to use it sufficiently.
-
We couldn't agree on the color of the sky - is this really going to work?
This is where our experience comes into play. Our mediators know what they are doing, and will provide an atmosphere and dialogue so that even the most contentious can make headway and - ultimately - reach an agreement.
-
Do you provide complete anonymity?
Of course.
-
Finally, is there anyone mediation won't work for?
Unfortunately, mediation will not work for everyone. Individuals who are not approaching the mediation in "good faith" and who don't care if "they go down with the ship as long as the ship is on fire" do not fare well with mediation. Of course, they do not fare well under the adversarial system either, but this isn't their aim. Their aim is often to cause as much headache and pain to their spouse as possible, rather than to save money and reach a reasonable agreement. Obviously, there is nothing we can do for this type of individual. Thankfully, this is a very small percentage of individuals.