• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Bedford Family Lawyer

Divorce, custody, and estate planning for Massachusetts families

  • About
  • Services
    • Family Law
    • Estate Planning
    • Mediation
  • Blog
  • Contact

Mediation: Is it Right For You?

April 10, 2019 by Rebecca 1 Comment

 

Is Mediation Right for you?

You have probably heard the term “mediation” offered as a solution to interpersonal issues that have legal implications, like:

      • Divorce and parenting
      • Probate
      • Landlord / Tenant
      • Employment

What is mediation?

Mediation is a process where a neutral third party facilitates a resolution of issues by participants. Let’s break that down:

Neutral Third Party: A mediator is not a judge, arbitrator, or any other type of decision-maker.

Facilitates the Resolution: The mediator’s roles is to help the parties identify the issues and help them come up with solutions.

Issues: Issues that are appropriate for mediation can range from legal issues like divorce, custody, probate, and landlord/tenant issues; to interpersonal issues in families, regarding aging in place and retirement planning; to conflict resolution between students.

By Participants: Just like it takes two to tango, it takes two (or more) to mediate. All participants in a mediation must be there voluntarily, willing to figure out a resolution.

Why choose mediation?

Better Outcomes: A mediated agreement is more balanced and can have more creative solutions than a winner-take-all litigation or a quid-pro-quo type of negotiation.

More Cooperation: Participants in a mediation tend to stick to the mediated agreement more than an agreement that was hotly contested, because they have more ownership of the solutions.

Less Expensive: For some people, this is what draws them to mediation initially. It’s definitely an immediate “win” for all parties if they can avoid paying thousands of dollars in litigation costs.

Less Stressful: Conflict is hard for most people, and mediation still involves addressing the conflict. But it has the opportunity to provide closure more quickly than going to court ever will.

Why not choose mediation?

Not everyone should mediate their case. In order to successfully mediate, both parties need to come to the table voluntarily.

Restraining Order: If there is a restraining order against one of the parties, mediation is not the right fit.

Truthfulness: Both parties need to be truthful with each other about financial information, and provide the information necessary to resolve the outstanding issues. Most information discussed in a mediation is confidential (this varies depending on the mediator).

Are mediators lawyers?

You don’t have to be a lawyer to be a mediator. In order to remain neutral and to facilitate, not adjudicate, the dispute resolution, mediators should not be giving legal advice. If the parties are agreeing to a legally binding agreement, each party should consult with an attorney who can provide them with legal advice.

I can help on all aspects of a mediation — from being the mediator to providing legal advice to one party in a mediation. Find out more here and reach out to let me know how I can help!

 

Filed Under: Family Law, Mediation Tagged With: custody, divorce, Mediation, probate

Reader Interactions

Trackbacks

  1. How Much Does a Divorce Cost? ⋆ Bedford Family Lawyer says:
    August 6, 2019 at 11:05 am

    […] There are many reasons why mediation is an excellent option, which I don’t get into here. But if you want to read more of my thoughts on it, go to this article. […]

    Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Search

Never Miss a Post!

9.5Rebecca Green Neale

Rebecca Green NealeReviewsout of 3 reviews

How Can I Help?

Do you want to change your current child custody arrangement or support amount?

Do you want to get divorced but don't want to fight about it?

Has your soon-to-be-ex already started a legal fight against you?

Do you want a new estate plan?

Contact me

Please Note: Sending me email or leaving me a voicemail does not create an attorney-client relationship.


Recently Posted

The start of a new school year presents an ideal time to check estate planning off your to-do list with these valuable legal documents for teachers and school personnel.

Back-to-School Workshop: Valuable Legal Documents for Teachers and School Personnel

My clients face many obstacles in a complex and intimidating system as they bravely take on one of the most dangerous periods in their lives.

Building Resilience for Domestic Violence Victims in Our Community

Calling all high school graduates! There are several documents every young adult should have in place to ensure that there are no barriers to making important medical, financial and educational decisions.

Bedford Family Lawyer Workshop: Essential (Legal) Documents for Young Adults

Before Footer

  • Facebook
  • LinkedIn
  • Twitter

How Can I Help?



(781) 499-2016

Footer

Nothing on this site should be construed as legal advice for your specific situation. This site constitutes attorney advertising. If you are seeking legal advice, I may be able to assist you if your issue concerns Massachusetts law.

I help families throughout Middlesex, Essex, and Norfolk counties. Including Acton, Arlington, Bedford, Belmont, Burlington, Billerica, Cambridge, Carlisle, Chelmsford, Concord, Lexington, Lincoln, Melrose, Natick, Newton, Needham, Reading, Stoneham, Wakefield, Westford, Watertown, Woburn, and more.

  • About
  • Services
  • Blog
  • Contact

Copyright © 2021 · Wellness Pro on Genesis Framework · WordPress · Log in

Do you want to set up a budget?
Get my FREE budget worksheet!
Do you want to set up a budget for where to spend your money?
Sign up for the budget worksheet I created for my family’s finances.