Have You Considered Divorce Mediation?
The adversarial nature of a contested divorce makes it harder to reach a settlement. Many couples waste valuable assets trying to “win” in court instead of exploring a practical middle ground.
Divorce lawyer Tina Ohlson can serve as a mediator of your Massachusetts divorce or custody dispute. As a neutral facilitator, her job is to help you resolve conflicts and reach an agreement instead of fighting it out in the courtroom. Even if your case started out as a 1B contested divorce, you can still benefit from mediation.
Mediating Makes So Much Sense
Mediation is almost always less expensive than going to court. It’s usually much quicker too, because you are not at the mercy of the court docket. Most mediations can be completed in one or two sessions. There is less acrimony and gamesmanship in mediation, and the outcome is more predictable because you are directly involved. Lastly, ex-spouses and co-parents are more likely to adhere to a mediated settlement of their own creation than a solution imposed by a judge.
If you are on good enough terms to sit down with the other person and you are willing to make compromises, mediation may make sense for you too. Tina Ohlson has mediated property settlements in divorce, even in cases involving business valuations and other complexities. She has mediated custody disputes and parenting plans, helping parents find a workable path for co-parenting their children after a divorce or break-up.
Often, Ms. Ohlson is hired by one party as the lawyer but ends up helping both spouses convert to a 1A uncontested divorce. Sometimes a three-way conference call with her client and the unrepresented spouse helps them fill out the necessary paperwork and reach an agreement that can be presented to the court.
Frequently Asked Questions About Divorce Mediation
To help you better understand the mediation process, we’ve compiled answers to some common questions:
What happens during a divorce mediation session?
In a mediation session, a mediator serves as an impartial facilitator who guides conversations between you and your spouse, helping to navigate discussions and find common ground. The mediator helps identify issues, encourages open communication, and guides you toward mutually acceptable solutions. Each party has the opportunity to express their concerns and desires in a structured, respectful environment.
Is mediation binding?
Mediation itself is not binding. However, if you and your spouse reach an agreement during mediation, you can choose to make it legally binding by incorporating it into a formal settlement agreement. This agreement, once approved by the court, becomes enforceable.
Will we have to appear in court?
One of the advantages of successful mediation is that it often reduces or eliminates the need for court appearances. If you reach a full agreement through mediation, you may only need to attend a brief hearing for the judge to review and approve your settlement. In some cases, even this appearance might be waived.
Are the details of mediation kept private?
Yes, mediation is confidential. Discussions that occur during mediation sessions are generally not admissible in court. This confidentiality encourages open and honest communication between parties, allowing for more productive negotiations.
What is the end goal of divorce mediation?
The primary goal of mediation is to reach a mutually satisfactory agreement on all issues related to your divorce or family law matter. This may include property division, child custody, support arrangements, and any other relevant concerns. The aim is to create a solution that works for all parties involved, especially any children while avoiding the stress and expense of a prolonged court battle.
Family law mediation can be an effective way to resolve disputes amicably and efficiently. If you have additional questions about how mediation might benefit your situation, we encourage you to reach out to our office for personalized guidance.
An Experienced Litigator Makes A Good Mediator
Tina Ohlson has practiced law for over 20 years, including trial experience in both criminal court and family court. That litigation background helps her to anticipate the roadblocks to an agreement and guide the conversation accordingly. The courtroom also forces you to get creative, which translates to suggesting novel solutions in mediation that the parties might not have considered. Ms. Ohlson also spends time building a rapport with clients so that they feel comfortable sharing their concerns and their ideas.
Explore Mediation
Mediation is nonbinding, but it commonly does lead to an agreement. Even if you still end up in court, mediating helps to frame the unresolved issues. Call our Reading law office today at 781-214-7398 to schedule a free initial consultation, or reach out online.