Boston Mediation Lawyer

Every divorce in Boston is contested or uncontested. With an uncontested divorce, couples reach agreement on critical issues, such as child custody, the division of marital property, and alimony. With a contested divorce, a couple cannot reach agreement on one or more issues so a judge must decide the dispute after litigation.

Fortunately, squabbling couples can sometimes get on the same page with mediation. This is an alternative dispute resolution technique which can save couples time and money. Reach out to a Boston mediation lawyer at Turco Legal, P.C. to learn more.

Why Litigation is Expensive

Many experts estimate that a contested divorce can cost more than $10,000. The reason is simple. Most divorce lawyers charge by the hour, and preparing for a trial takes a considerable amount of work. Lawyers must gather evidence, meet with expert witnesses, attend hearings in court, and attend depositions. All this work can take hundreds of hours, inflating the bill a client must pay.

Mediation is often cheaper. Though a Boston mediation lawyer will also charge for his or her time, the process is typically shorter. Clients talk with the mediator beforehand to share their perspective and then attend one or more mediation sessions. If all goes well, the couple can sign a separation agreement at the end of the process and submit it to a judge, essentially converting their contested divorce to an uncontested one.

A Close Look at Mediation

So what is mediation? Essentially, mediation involves a divorcing couple meeting with a neutral third party, the mediator. This mediator is trained to listen to each side and help the couple find common ground. A mediator doesn’t act like a judge. In fact, mediation is voluntary. No one is forced to accept a solution.

Mediators are good listeners who take a fair, even-handed approach to solving problems. Couples often benefit from a third set of eyes who can view a dispute objectively. A seasoned mediator can often locate areas of agreement and possible avenues for getting past whatever is preventing the couple from settling their disputes.

Mediation often takes place in a conference room with each spouse, who can also bring a lawyer. But this is not like a contested hearing. Lawyers don’t present evidence, and mediators don’t “decide” anything. Instead, the mediator guides the discussion. Sometimes, each side goes to a separate room and the mediator moves back and forth between them, trying to bring couples to an agreement.

Is Mediation for You?

There is little downside to at least trying to mediate a dispute. Many couples can whittle down areas of disagreement, even if they ultimately cannot agree on everything. For example, a couple might jointly settle child custody and child support, which are emotional issues. This can be a huge relief for divorcing couples, even if they still disagree on whether one spouse should pay alimony going forward.

Mediation might not work where there is a history of domestic violence or where relations have so broken down that the couple cannot be in the same room together. Remember, mediation only works if each side bargains in good faith and is at least willing to listen to the other side.

Critical Issues to Resolve in Mediation

Mediation can successfully bring squabbling couples to the table where they hash out all meaningful disputes in a divorce, such as:

• Grounds for divorce
• Child custody (where the children will live and when they will visit the other parent)
• Child support
• Division of marital property
• Division of marital debts
• Alimony
• Tax issues

The more issues in dispute, the longer the mediation process. Still, the process often results in quicker divorces than standard litigation.

What Couples Should Look for in a Boston Mediation Lawyer

A mediator should have the right combination of education, experience, and compassion for effectively listening to competing narratives without showing bias. Often, couples come to mediation with dramatically different ideas of what is fair. They might also still be arguing about why the marriage broke down and who is to blame.

Mediation can go awry in many ways. For example, one spouse might treat it like a therapy session, which can bring the process to a halt. Venting and insulting comments often send one spouse running from the mediation room and jeopardize the entire process.

A skilled mediator can keep all participants focused on the goal—reaching agreement on critical issues involved in the divorce. A mediator also must know how to craft a well-written separation agreement which can stand up in court.

Why You Should Choose Turco Legal, P.C.

Our Boston mediation lawyers have the skills necessary to make mediation a worthwhile process. To learn more, or to schedule a meeting with one of our lawyers, call (978) 225-9030.