Boston Mediation Lawyer
Divorces in Boston are typically classified as either contested or uncontested. In an uncontested divorce, both parties reach an agreement on key issues, including child custody, the division of marital property, and alimony. In contrast, a contested divorce occurs when the couple cannot resolve one or more issues, necessitating a judge’s intervention after litigation. At Turco Legal, our Boston mediation lawyers are committed to helping individuals navigate these challenging situations.
Fortunately, mediation can often help couples move toward resolution. As an alternative dispute resolution method, mediation allows parties to work together to find mutually agreeable solutions, potentially saving both time and money. To learn more about how mediation could be a viable option for you, consider reaching out to one of our experienced Boston mediation lawyers at Turco Legal, P.C.
Understanding the Costs of Litigation
Contested divorces can be expensive, with many experts estimating costs exceeding $10,000. This is primarily due to the hourly fees most divorce attorneys charge, and the extensive preparation involved in a trial. Lawyers must gather evidence, consult with expert witnesses, attend court hearings, and conduct depositions, which can take hundreds of hours and significantly increase costs for the client.
In comparison, mediation is typically a more affordable alternative. While a Boston mediation lawyer will still charge for their time, the process tends to be more efficient. Clients will usually meet with the mediator in advance to share their perspectives, and then participate in one or more mediation sessions. If successful, the couple can sign a separation agreement, converting their contested divorce into an uncontested one, which can then be submitted to a judge.
What is Mediation?
Mediation is a process in which a divorcing couple works with a neutral third party, the mediator, who helps facilitate productive conversations and guide the couple toward a mutually acceptable resolution. Unlike a judge, a mediator does not make decisions for the couple but instead works to help them find common ground. Mediation is voluntary, and no party is required to accept any solution against their will.
A skilled mediator listens carefully to both sides and fosters a fair, impartial environment. By offering an objective perspective, a mediator can often identify areas where compromise is possible and help couples move past any obstacles hindering resolution.
Mediation typically takes place in a comfortable setting, such as a conference room. Each spouse may also bring their own lawyer, though it is important to note that mediation is not a courtroom proceeding. Lawyers do not present evidence, and the mediator does not “rule” on the issues. Instead, the mediator encourages a dialogue that seeks to reach agreement. In some cases, the mediator may meet separately with each party to help facilitate a resolution.
Is Mediation Right for You?
For many couples, mediation offers an opportunity to resolve disputes in a more cooperative manner. Even if full agreement is not reached, mediation can help resolve certain issues, such as child custody and support, which can alleviate some of the emotional tension during the divorce process.
However, mediation may not be appropriate in situations where there is a history of domestic violence or when the relationship has broken down to the point where the parties cannot communicate effectively. Successful mediation requires both parties to engage in good faith and be open to listening to each other’s perspectives.
Key Issues Addressed in Mediation
Mediation can be a highly effective tool for resolving key disputes in a divorce, such as:
Grounds for divorce
Child custody arrangements (including where the children will live and visitation schedules)
Child support
Division of marital property
Division of marital debts
Alimony
Tax issues
The complexity of the issues involved can impact the duration of the mediation process. Nevertheless, mediation is often a quicker alternative to traditional litigation.
What to Look for in a Boston Mediation Lawyer
An effective mediator should possess a combination of professional training, experience, and empathy, allowing them to listen to both parties without bias. Often, individuals come to mediation with differing views on what is fair, and may still be processing the emotional challenges of the divorce.
It is important to recognize that mediation can be disrupted by venting or personal attacks. A successful mediator must be able to maintain focus on the goal: resolving critical issues in a manner that benefits both parties. Furthermore, the mediator should be skilled in drafting a clear, legally sound separation agreement that will hold up in court.
Why Choose Turco Legal, P.C.?
At Turco Legal, our Boston mediation lawyers bring a wealth of experience and a client-centered approach to every case. We understand that divorce is an emotional and difficult process, and we strive to make mediation a productive and positive experience for our clients. To learn more or schedule a consultation, please contact us at (617) 657-4878.