Andover Mediation Lawyer

In Massachusetts, spouses retain a good deal of control about the terms of their divorce. They can reach agreement on important issues such as child custody, alimony, and the division of marital property. Unfortunately, some couples cannot work together, so they end up in litigation.

Litigation is expensive. Men and women can feel incredible stress during this adversarial process, and they might need to wait up to two years before finally obtaining a divorce decree. If you are considering divorce, mediation might be just what you need. In mediation, couples work with a third-party neutral to come up with divorce solutions that work for them.

The Cost of Mediation versus Divorce

If successful, mediation can shave thousands of dollars off a couple’s divorce bill. Although you must pay for the mediator, you can often avoid all the work that goes into litigating disputes.

In Massachusetts, most divorce lawyers charge by the hour—and they charge for all the work they do. Think phone calls, meetings, and time in court, but also legal research and document drafting. If you are contesting child custody, for example, a lawyer might charge for hundreds of hours interviewing teachers, family members, and child psychologists.

Mediation can help a couple avoid these costs. An Andover mediation lawyer will charge for all the prep work that goes into mediation, but this is often far less than if a couple went to trial. When mediation is successful, a couple will sign a separation agreement at the end and submit it to a judge for approval. Although every case is different, mediation is often far cheaper than litigation.

Mediation Nuts & Bolts

A couple typically begins mediation by hiring an Andover mediation lawyer to serve as the third party neutral. This person will then interview both spouses to understand what issues are in dispute and what each person wants. At our firm, we give clients homework to complete, which gets us up to speed on the issues standing in the way of a speedy divorce.

Mediation usually takes one or more sessions. Everyone meets together in a conference room to hammer out the issues, with the mediator proposing solutions. The mediator doesn’t judge, and he doesn’t declare one side “right” and the other side “wrong.” If the couple reaches an impasse, then we may break up and caucus, where each spouse goes to a separate room and the mediator shuttles between them.

Some mediators prefer running short sessions of only one or two hours, but we believe momentum is important. For that reason, the Andover mediation lawyers at Turco Legal, P.C. usually schedule longer sessions to help couples reach the finish line.

Finishing Mediation

Where mediation is successful, our lawyers will draft a detailed separation agreement. This gets submitted to the court. Signing onto the agreement is always voluntary. And this is what sets mediation apart from litigation: no one can force you to accept something you don’t want to.

Only a judge can issue a divorce decree in Massachusetts, even where couples agree. Submit the separation agreement to the court and attend any hearing scheduled.

Challenges with Mediation

Mediation does not work for all couples, and we believe in being upfront about that. For example, we have seen mediation fail where:

• There has been domestic violence or emotional abuse in a marriage. A spouse who is afraid of her husband, for example, cannot negotiate a divorce.
• One spouse has a restraining order against the other. Mediation can sometimes be held remotely, but a restraining order is often a barrier.
• One spouse refuses to negotiate in good faith. Mediation requires compromise, and it will fail if either spouse refuses to give an inch.
• Couples don’t know what they want. You can’t negotiate a divorce without some idea of what you want to take from the marriage.

There are other challenges involving mediation. Our Andover mediation lawyers have seen mediations get sidetracked with unnecessary “venting” or belittling comments. Another problem is failure to disclose all relevant information. For example, a child might have disabilities which impacts which parent should have custody. If the mediator doesn’t know all pertinent information, mediation can break down.

Our lawyers at Turco Legal, P.C. strive to keep mediation on track and have a good record of doing so. Sometimes we must temporarily suspend mediation to gather more information or let heads cool off before starting up again.

Contact an Andover Mediation Lawyer

Men and women should feel comfortable in the mediator they choose. There are many factors to consider, such as communication style and general “fit.” For this reason, we will meet for a consultation if you call (978) 225-9030 or send us a message.