Mediation

Massachusetts Mediation Lawyers | Divorce Mediators | Family Mediation Attorneys

In addition to other methods of resolving disputes, Fields and Dennis LLP can offer its clients our experience and skill in mediating their problems. The mediator will assist the parties in settling their dispute in one or more three-way meetings with the parties. The mediator’s goal is to have the parties reach an informed agreement that is based on a full and fair disclosure of all data relevant to the dispute.

In family law, spouses can choose to mediate all of the financial, visitation and custody issues which accompany any divorce, including division of the marital estate, pension benefits, maintenance, child support issues, custody and visitation. Issues which are most often covered in mediation include the following:

  • terms governing child custody
  • terms governing visitation
  • maintenance / unallocated support payments
  • structure of future payments in light of tax considerations
  • educational plans for the children
  • disposition of the marital residence
  • division of marital and non marital property
  • division of marital and non marital debt

Mediation offers those clients who are willing to sit down face-to-face with their spouses an opportunity to create their own settlement within the limits of the law. If two people wish to divorce amicably and simply need some help in understanding the laws governing distribution of marital assets, custody or visitation issues, mediation can quickly identify the issues and result in a negotiated settlement without the upset and significant costs associated with court action. Also where children are involved mediation is usually less confrontational and provides a setting for both parents to voice their concerns which often results in a more fine-tuned and agreeable joint parenting agreement.

More information about mediation:

Mediation
Roger Fisher, William Ury, “Getting to Yes”, Random House (1992)
Robert H. Mnookin and Lewis Kornhauser, “Bargaining in the Shadow of the Law: The Case for Divorce,” 88 Yale Law Journal 950 (1979)

Mediation – Relevant Case Law
Matter of Bott
Matter of Kafkas
Ventrice v. Ventrice

Mediator Confidentiality
G.L. c.233 s.23C
Is MCFM Membership Required to be Mediator?
Leary v. Geoghan (unpublished Single Justice opinion)

Mediator Ethics
AAML on Mediation Ethics
BBA Ethics Opinion 78-1
MBA Ethics Opinion 85-3
MCFM Certified Mediator Requirements
MCFM Standards of Practice

Contact the Massachusetts divorce mediation attorneys at Fields and Dennis for a confidential consultation.

The Massachusetts family mediation, divorce mediators, and dispute resolution attorneys at the Wellesley, MA law firm of Fields and Dennis LLP serve the Greater Boston region including Allston, Arlington, Boston, Brighton, Brookline, Chestnut Hill, Concord, Dedham, Dover, Lexington, Natick, Needham, Newton, Waltham, Watertown, Wayland, Wellesley, Weston, Westwood, and all Massachusetts.