Divorce Mediation Lawyer Massachusetts

Amicable Resolution of Your Divorce

Getting divorced is never easy, but it doesn’t have to be exhausting or crushingly expensive either. At South Shore Divorce Mediation, a Division of Lynch & Owens, P.C., we help you resolve for yourself the issues that a judge would otherwise decide for you.

Our dispute resolution services include:

• Child Custody and Parenting Time
• Child support
• Alimony
• Division of Assets
• Prenuptial Agreements
• Modification and Contempt Actions
• Mediation Coaching

Our confidential process for divorce mediation can help you avoid the stress and negative impacts of litigation, including court evaluations, confrontation with your spouse’s legal counsel, and scrutiny of your family and resources. Our Mediators provide cost-effective services that emphasize cooperation and promote positive, workable post-divorce arrangements.

Coronavirus & Video Mediation with Zoom

With five mediators and a full support staff, we have the resources to schedule you for a mediation session as quickly as the same day that you contact us by phone or email. Our mediators use the Zoom platform to conduct video mediation. Zoom smartphone apps are available for free download at the App Store (iPhone) and Google Play Store (Android). Our video mediation sessions are secure and confidential. For individuals without internet access, we also conduct mediation by telephone conference.

In an age where adaptability is key, video mediation offers immense flexibility and accessibility, providing clients the convenience of participating from their chosen spaces without compromising the quality of the mediation process. 

Divorce doesn’t need to be war. Take a different approach by speaking with a Massachusetts divorce mediator today. Contact Lynch & Owens, P.C., the home of South Shore Divorce Mediation, today at (781) 253-2049.

What Are the Benefits of Mediation?

We help couples and spouses take control of their separation. Unlike litigation, which pits you against your spouse and places your family’s future in the hands of attorneys and judges, mediation lets you resolve your divorce on your own terms and with your family’s specific needs in mind.

Family law mediation creates a collaborative environment where both parties actively engage in finding solutions that work best for their unique situation. This process not only preserves relationships by avoiding adversarial courtroom battles but also empowers each party with greater influence over the final agreement. By fostering mutual respect and understanding, mediation often results in more satisfactory and sustainable outcomes, ensuring a smoother transition for everyone involved, especially children.

Divorce mediation can also help you preserve respect and goodwill towards your spouse, which is critical if you have children. When you choose mediation, it reduces conflict and stress and helps your children survive the divorce process while minimizing emotional harm. Even if your marriage is coming to an end, you will both be parents forever. If you and your spouse plan to be involved in your children’s lives after your divorce, consider getting help from a mediation professional who is trained to help divorcing couples get results despite their differences.

Learn About the Mediators of South Shore Divorce Mediation

Our dedicated team of Massachusetts mediators helps protect your family's happiness and financial future. Learn more about our mediators by following the links to read their professional profiles:

• Kimberley Keyes Mediator Bio
• Nicole K. Levy Mediator Bio
• Carmela M. Miraglia Mediator Bio
• Jason V. Owens Mediator Bio
• James M. Lynch Mediator Bio

Mediation for Couples with Contentious Relationships

Even if you and your spouse have a strained relationship, divorce mediation may still be an option. Couples whose relationships have been characterized by infidelity, abuse, or other emotionally traumatic conflicts may assume that civil negotiation is impossible, but mediating the divorce process can help de-escalate tension (as opposed to divorce hearings, which almost always serve to exacerbate it).

Our mediators specialize in maintaining a neutral environment where both parties feel heard and understood. Through structured dialogue and balanced negotiation techniques, we focus on creating actionable plans that address individual concerns while promoting the well-being of shared family members. By prioritizing communication and mutual agreement, even high-conflict couples can find pathways to more harmonious resolutions.

Despite the heated nature of couples’ personal interactions, family law mediation sessions can be calm and productive with the help of our skilled professionals. Our professionals have the skill to ensure that a more aggressive or domineering spouse is not permitted to overpower or pressure the other during negotiations; at the same time, we rely on industry best practices to de-escalate negative emotions and reach consensus.

Our mediators understand high-conflict divorce – after all, they are also divorce attorneys. In the mediation context, our experience allows us to generate positive outcomes even when spouses have difficulty communicating.

How Does Divorce Mediation Work?

A divorce mediation lawyer in Massachusetts facilitates the conversation between a divorcing couple. Both couples have a chance to discuss what they need to settle the matter. During the first meeting, the mediator will identify all of the issues to work through. In subsequent meetings, a strategy to handle all of these issues is carefully laid out.

The largest advantage of divorce mediation is how quickly the process can be expedited in comparison to traditional divorce litigation. Some couples worry, “How can I possibly go through mediation when I no longer get along with my spouse?” The role of a mediator is to assist couples with the issues that cause tension and mitigate some of the heavy emotions that they may be experiencing. Eventually, couples in mediation find a way to work things through peacefully with their mediator’s assistance.

Throughout the mediation process, our professionals remain impartial and focused on facilitating constructive dialogue. We guide parties through complex discussions about assets, child custody, and other sensitive topics. By prioritizing clarity and understanding, the mediation process empowers spouses to make informed decisions collaboratively. This collaborative approach not only preserves relationships but also provides a faster, more satisfying resolution compared to traditional court proceedings.

How Much Does Mediation Cost?

Have questions about the cost of divorce mediation? Check out our Pricing Page for details on how mediation services are billed at South Shore Divorce Mediation and Lynch & Owens, P.C..

Given that each family situation is unique, the cost of mediation can vary depending on the complexities involved. However, it is generally more cost-effective than traditional litigation, which often involves prolonged cases and additional lawyer fees. Mediation offers a transparent fee structure, aligning with our goal to minimize financial strain while maximizing negotiation success. 

Divorce Mediation for LGBTQ Couples in Massachusetts

Our divorce mediation attorneys in Massachusetts have the special knowledge necessary to successfully handle same-sex divorce mediation. We understand the special issues that tend to arise concerning same-sex marriages and divorce, especially when it comes to parental rights and raising children. When you come to us for help, you can rest assured that your future and that of your family are in good hands.

We are well-versed in navigating the additional legal intricacies that may accompany LGBTQ divorces, ensuring equitable resolutions that protect all parties involved. Through empathetic and tailored mediation, we address concerns unique to same-sex couples, ranging from custody issues to property rights. Our commitment is to maintain an inclusive, fair environment throughout the mediation process, emphasizing both legal and personal aspects to achieve outcomes beneficial to all.

The Differences Between Mediation & Arbitration in Divorce

Though both can be valuable depending on the particulars of a given divorce, mediation and arbitration are two different ways to resolve disputes and conflicts during divorce.

Arbitration is basically a private trial. This method is typically used when a couple knows they are destined to end up in court. When a couple opts for arbitration, spouses bring in a private judge to decide the terms of their divorce. This allows couples to have greater control over when hearings will be held and how fast their divorce will proceed. However, this preserves the unfortunately adversarial and combative nature of divorce by trial and, once made, a judge’s decisions in arbitration are final and virtually impossible to appeal.

Mediation, on the other hand, is altogether different than going to court. Mediation allows both parties to avoid dealing with lawyers and the court system and instead focus their time, energy, and resources on resolving their disagreements in a way that promotes cooperation, positive outcomes, and agreement, where possible.

Our Mediators Are Divorce Conciliators Who Provide Conciliation Services

In addition to traditional mediation, our mediators serve as conciliators in divorce and family law cases. For more information on conciliation, visit our Conciliation for Divorce and Family Case Page and the Divorce Conciliation FAQ.

Have questions about the divorce mediation process? Check out our Massachusetts Mediation Blog and our Massachusetts Mediation FAQ for more information.

Role of the Mediator

A mediator is an impartial third party that helps all sides reach an agreement. The mediator begins the conference, then speaks about the topic being discussed and supports the participants in coming up with solutions. It is critical for a mediator to be fair and unbiased. The mediator does not make the final decision. These terms are agreed upon by both sides. A mediator does little other than support the parties in voicing their viewpoints and responding to their disagreements in order to reach a compromise that addresses everyone's interests and aims toward a fair and satisfactory resolution. The outcomes are done by the participating parties themselves.

A mediator’s key job is to make it possible for the sides to connect by the following:

• Scheduling a Meeting with the Parties - Once the mediator has been appointed, the mediator would arrange a date that is suitable for all participants.
• Evaluate the Mediation Proceedings – At the first meeting, the mediator invites the parties to fill a document detailing the procedure's principles and guidelines. Then they move on to clarify how the mediation hearings will take place.
• Short Summary of the Evidence - The mediator encourages the parties to provide a short summary of the evidence from their respective points of view.

Take the Wheel. Don’t Hand Your Life Over to the Court.

Spouses don’t need to like each other to mediate their divorce. They only need to share an intention to avoid court, minimize costs, and get the best outcome without a fight. Mediation maximizes control over the divorce process for spouses who share this goal.

By choosing mediation, you safeguard your family's future by controlling the pace and direction of divorce proceedings. This autonomy fosters a cooperative spirit and builds durable, mutually acceptable agreements that stand the test of time. In this way, mediation not only addresses present issues but also lays the groundwork for positive long-term relationships between divorced spouses, enhancing the well-being of all involved, particularly any children shared.

Understanding the Legal Framework of Divorce Mediation in Massachusetts

In Massachusetts, divorce mediation operates within a distinct legal framework designed to uphold fairness and compliance with state laws. The mediation process is recognized as an alternative dispute resolution method, encouraging cooperation between parties to reach amicable solutions without the extended stress and costs associated with courtroom proceedings. Massachusetts law supports mediation as a viable option due to its focus on keeping both parties actively engaged in the decision-making process, thus avoiding top-down resolutions imposed in traditional litigation.

To ensure compliance, mediators must be familiar with Massachusetts family law, particularly statutes relating to child support, alimony, division of assets, and parenting arrangements. The neutrality and informed guidance of a mediator facilitates equitable agreements reflecting the best interests of any children involved, aligning with the Massachusetts legal standards. This structured, yet flexible, approach provides couples with a confidential space to resolve disputes and draft legally sound agreements that can be reviewed by their legal counsel before final submission to the court, further embodying Massachusetts's support for alternative dispute resolutions.

Navigating Parenting Plans in Mediation

One of the key components of successful family law mediation in Massachusetts is the creation of effective parenting plans. These plans play a crucial role in post-divorce family dynamics, addressing the needs and schedules of both parents and children. The court emphasizes the best interests of the child as the foremost priority, necessitating detailed attention during mediation to craft agreements that accommodate educational, emotional, and physical well-being.

In mediation, the parenting plan will cover key elements such as custody arrangements, holiday schedules, vacation timelines, and education-related decisions. With the guidance of a family law mediation attorney, parents can work collaboratively to address any special needs or circumstances relevant to their children's welfare. This collaborative process not only fosters enduring cooperation between parents but also provides a stable, structured environment for children, promoting their adjustment during and after the transition.

FAQs About Divorce Mediation in Massachusetts

What If We Can’t Agree on Everything in Mediation?

It is not uncommon for couples to have difficulties reaching an agreement on every issue during mediation. In such cases, the role of the mediator becomes even more vital. They can assist the parties in narrowing down the issues to only the most contentious ones, thus simplifying the process. If there are remaining disputes, options such as partial mediation results can be utilized, where agreements reached are documented, and only unresolved issues are brought before the court. This method reduces both time and cost spent on legal proceedings. Additionally, mediators can suggest alternative solutions or compromises that had not been considered, which may lead to a breakthrough in discussions.

Is Mediation Legally Binding?

In Massachusetts, the agreements reached during mediation become legally binding once they are formalized in a divorce agreement and accepted by the court. This involves submitting the mediated agreement to your legal counsel, who can ensure it meets all legal requirements before court submission. Until it is court-approved, the mediated agreement is considered a mutual understanding between parties. Once sanctioned by the court, however, it holds the same weight as any other judicial order. This process underscores the importance of collaborative negotiation and fully informed decision-making during mediation.

How Does Mediation Differ from Collaborative Law?

Both mediation and collaborative law are forms of alternative dispute resolution available in Massachusetts, but they differ in execution. Mediation involves a neutral third-party mediator who facilitates dialogue but does not impose any outcomes. Collaborative law, on the other hand, involves each party having a lawyer and all parties agreeing not to go to court. If the collaborative process breaks down, clients must find a new attorney. Mediation allows for more flexibility and privacy, as discussions are not documented for use in court, providing a secure space for open, honest dialogue.

Who Can Attend Mediation Sessions?

Typically, mediation sessions in Massachusetts are attended solely by the divorcing parties and the mediator. This helps in maintaining focus and confidentiality, allowing both parties to speak candidly about their needs and concerns. However, in some cases, both parties might agree to have additional parties, such as child specialists or financial advisors, attend the sessions to provide input on specific matters. The inclusion of these individuals can enrich the discussions, providing expert insights that help in creating more comprehensive and sustainable solutions.

What Are the Benefits of Choosing Mediation in Massachusetts?

Choosing mediation in Massachusetts comes with several benefits, such as reduced legal costs, faster resolutions, and the preservation of family relationships, especially where children are involved. Mediation promotes a peaceful dialogue and decision-making process, avoiding the adversarial nature of court battles. With the support of skilled mediators like those at Lynch & Owens, P.C., parties can achieve tailored solutions that reflect their unique circumstances in a confidential setting, reducing the emotional toll often associated with divorce.

Learn more about the benefits of divorce mediation when you call South Shore Divorce Mediation and Lynch & Owens, P.C. at (781) 253-2049. Discuss your case and learn how we can help you.