Divorcing Couples have several options available to them regarding how to dissolve their marriage. Issues such as asset division, custody and parenting time, child support, and alimony, and other issues that come up in the context of divorce may be litigated, mediated, or arbitrated.
Litigation has its place. Some cases simply cannot be settled by Alternative Dispute Resolution.
Arbitration is an excellent tool for a binding decision on contested issues. It is private, less complicated than a courtroom trial and final. But, it is a private trial nonetheless where a third party will make decisions for you.
For many cases, mediation is the perfect alternative solution.
In the context of facilitative mediation, the mediator facilitates negotiation between the parties, as the name suggests. The goal is to assist the parties in having their interests addressed and acknowledged and for a durable compromise solution to be achieved.
Mediation takes place in the mediator’s office, usually a comfortable conference room, instead of in a bustling public courtroom.
Mediation sessions are scheduled with the mediator, and begin and end at times set by the parties and the mediator. I was recently in court on a case for several hours (virtually the whole day) waiting to be called in order to present a motion to the judge. That doesn’t happen in mediation.
Mediation is voluntary and non-binding. This means that the parties have more control over the outcome of their family matter than in contexts where a decision is being made for you.
Mediation is private. There is no need to air dirty laundry in a public courtroom.
If you are interested in learning more about divorce mediation, please contact me at 978-877-5159 to schedule a consultation.