Category: Mediation

5 common missteps in mediation

In mediation, there’s an overall assumption that both parties are reasonable and are willing to work together to reach an agreement. In addition, it is not uncommon for at least one of the spouses to be anxious to get through the mediation in order to put the divorce behind him or her. This can sometimes… Read more »

Is there a better time of year to get divorced?

To listen to some radio advertisements, getting a divorce can be just as much a New Year’s resolution as joining a gym, giving up sweets or any other goal for 2015. While it’s true that many people pondering a divorce towards the end of the year will wait until after the holidays to begin proceedings,… Read more »

A holiday time share—a good or bad idea?

Even for divorcing couples who get along and are working towards an amiable resolution, holiday visitation can be a contentious point of discussion. And unless you have been divorced before, questions are many: where for Thanksgiving? Where will the kids be on Christmas morning to open up presents from Santa? What are appropriate arrangements for… Read more »

A guaranteed way to reduce your lawyer bill

In a divorce, there are some costs that cannot be avoided—e.g. waiting at the courthouse for your case to be heard. There are other costs that can be. Ask any divorce attorney—litigator, mediator or collaborative divorce—about what other part of the divorce process drives up the costs unnecessarily and most will say when the client… Read more »

Mediation: an opportunity for sharing

There are many reasons why divorcing couples choose mediation over collaborative divorce and litigation. Time and money rank tops among those reasons. These are the same reasons  why many couples divorcing via mediation are not inclined to hire experts as part of their divorce process.  While this can be okay in some cases, in others,… Read more »

Retirement savings are a collaborative effort, even in divorce

Whether you are divorcing via litigation, mediation or collaborative divorce, you need to divorce yourself from this thought: Your retirement savings are not a marital asset. Truth be told, your retirement savings are a marital asset—just like your home, bank accounts, etc.–and will be part of any divorce settlement you and your spouse strike. In… Read more »

Alimony in mediation and collaborative divorce

When you hear the term “alimony”, there’s a tendency to think there’s no way a divorcing couple could ever agree. Hence, there’s often an assumption that divorces where alimony is involved might not be good candidates for mediation or collaborative divorce. With the new alimony statutes in Massachusetts, where alimony terms are now more clearly… Read more »

Life and death divorce matters

A life and death matter divorcing couples should consider is life insurance. Most couples get some form of life insurance during the marriage and, in most cases, they name their spouse as the beneficiary. It’s not unusual for divorcing couples to keep the existing life insurance in place after the divorce.  But no matter what… Read more »

Slow down your mediation

One of the many selling points for mediation versus litigation is time. In general, divorcing couples who are committed to resolving matters out of court can get divorced in far less time than it would take a case to go to through the court system.  That said, a mediation should not be seen as  a… Read more »

Can mediation and collaborative divorce be less taxing?

When it comes to taxes, most people would prefer to pay as little as legally required. So it stands to reason that when a couple divorces, who gets what tax deductions can become a matter of contention. Mediation and collaborative divorce can help prevent disagreements over tax deductions from escalating into time-consuming, retainer-devouring delays.