Massachusetts & New Hampshire’s Family Law Attorneys
Mediation
Massachusetts Mediation Attorneys
Litigation is the traditional mode of resolving a divorce case. Litigation can be costly and time-consuming, it can also breed resentment against the other party. It is important to understand that litigation is not the only route that parties can take in order to obtain a divorce. There are other ways to deal with family disputes, like mediation and other forms of alternative dispute resolution (ADR), that can lead to resolving your divorce or family law case in a much happier and healthier manner.
Understanding Mediation
What is mediation?
Mediation is a confidential process wherein the parties meet with a mutually selected neutral third party who assists the parties in discussing and negotiating their differences.
How does it work?
- In mediation, the parties:
- Identify the issues that need to be resolved;
- Discuss each issue;
- Negotiate and discuss potential solutions to the issues in dispute;
- Attempt to reach an agreement;
- Memorialize any agreement reached in mediation in writing; and
- Review, revise and finalize the mediated agreement for signing.
When is it used?
- Mediation can be used at any stage of a divorce or family law dispute. In some cases, it is the first step in seeking resolution and in other cases, the parties may come to a mediator in order to assist them in resolving a contested court proceeding.
What are the benefits of mediation?
- The parties are in control of the resolution of the matter.
- Mediation is more cost-effective than litigation.
- Mediation can resolve matters quicker than the time it can take to work your way through the Court system and steps of litigation.
Disputes Resolved through Divorce Mediation
Examples of cases resolved through Mediation:
- Divorce
- Child Custody
- Parenting plans
- Support – Spousal Support and Child Support
- Modification actions
- Contempt actions
Other Methods of Alternative Dispute Resolution
Family law matters can also be resolved by way of arbitration and conciliation. At Socci & Nieves Family Law Group we strive to utilize all available tools so that you can resolve your matter in the most expeditious and amicable manner when possible. Please give us a call to discuss possible ADR methods to resolve your case.
Explain Conciliation
- Conciliation is an alternative dispute resolution method in which the parties (and their counsel) meet with a neutral third-party professional (court-appointed attorney) who assists the parties in attempting to reach a resolution of contested issues as well as identify the strengths and weaknesses of each party’s position.
- In Massachusetts, various family law bar associations hold training for attorneys in the family law bar who then donate their time to the program in an attempt to assist the Probate and Family Court in resolving contested matters.
Explain Arbitration
- Arbitration is an alternative dispute resolution method in which the parties submit an issue in dispute, by agreement, to an arbitrator who makes a binding decision regarding the dispute. The process is entirely voluntary and requires the agreement of both parties in order to proceed.
Discuss the difference between mediation, conciliation & arbitration
- Mediation is different from conciliation in that the mediator is facilitating conversations between the parties in the hopes that they may resolve the matter by mutual agreement whereas a conciliator might give feedback on the contested issue.
- Mediation is different from arbitration in that mediation is not binding and the mediator does not make a final decision regarding any dispute between the parties.
Role of Mediator
A family law mediator is a neutral hired by the parties to assist them in discussing and negotiating a contested matter in the hopes of reaching resolution that works for them. Mediators oversee the mediation process and facilitate a dialogue between the parties. A mediator does not take sides in the process.
Benefits to Working with Socci & Nieves for Mediation
Socci & Nieves Family Law Group provides mediation services. We can either be hired to be the mediator in order to help the parties resolve their divorce case amicably, or we can be retained to represent a party who is involved in mediation or wishes to proceed with mediation with the assistance of an experienced family law attorney by their side.
Disclaimer: In accordance with rules established by the Supreme Judicial Court of Massachusetts, this website must be labeled "advertising." It is designed to provide general information for clients and friends of the firm and should not be construed as legal advice, or legal opinion on any specific facts or circumstances. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a lawyer/client relationship.