Baron Law & Mediation | Blog

December 01, 2016 Allan and Amy Beth Baron

The Advantages of Collaborating with Your Divorce Mediator

Categories: Divorce Mediation

AdobeStock_106142675.jpegIf you are considering divorce in MA you have options. Divorce mediation is thought to be the most healthy, civilized and cost effective way to divorce. Collaboration from the parties is welcome during mediation.

Here are a few advantages to collaborating and being open with the mediators:

1 Collaborating with your mediator lets them to take care of you.

The best practice for mediators is to want to take care of both parties to the divorce. 

It is essential for each party to be able to express what is important to them during mediation. It is the time to say what your position on a particular issue is and why you have that position. The more information presented whether legal, financial and emotional the better.

2. Collaborating with your mediator produces a full, flexible, and forward looking agreement.

The best practice for mediators is to produce an agreement that covers the three tracks of divorce and to examine all options before the agreement is finalized.

During mediation sessions, each party has an opportunity to talk and it is very important that during this time, the other party really listens to what is being said and why it is being said.  That conversation will determine how the mediator will let the topic unfold and move forward. Trust your mediator, their process and their experience CHECK out our reviews

3.) Collaborating with your mediator will save you time and money.

The best practice for mediators is to work thoroughly and efficiently. That includes note taking, establishing an agenda and checklists.

It is to your advantage to complete all homework given to you before the session as this saves time and money.  As consumers, we all want to get the feeling that the professional we are working with is organized, informed about our issues and efficient with our time. TIP:  Find out if "out of session work" is extra money?  Out of session work typically includes taking/completing mediation session notes, using software to develop asset/liability division tables, budgeting, financial plans, etc... Does the mediator have a flat fee?

4.) Collaborating with your mediator will allow you to discuss sensitive topics without fear that you will be disadvantaged.  

Best practice for mediators is to follow a structured mediation process in a particular order for a full discussion. Don't be that person who comes in and says,"what's this going to cost me" or "I'm screwed".

Discussion as to pensions, child support and alimony seem to be the most challenging. Provide the information needed by the mediator.  Do not withhold portions of information or refuse to contact the proper people to get financial information. For a mediation to be successful, parties need to come in wanting an agreement that is fair under the circumstances.  Mediation is not a process for parties who basically want a win-lose situation with a divorce agreement that is clearly lopsided.  This will not be approved by the Court.  

If you and your spouse collaborate with your mediator then you have a great chance of producing an agreement that is fair to you both and is in proper form with applicable content to be submitted for court approval. schedule a no cost initial couples meeting.

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