FAMILY & DIVORCE DISPUTE RESOLUTION
ADR | Family Mediation | Divorce Mediation | Collaborative Law
Alternative Dispute Resolution
Many family law disputes, including those involving divorce, child custody, child support and marital property, can be resolved without going to court. In Massachusetts, there has been a greater focus on Alternative Dispute Resolution (ADR) methods such as family mediation and divorce mediation.
Mediation is a process in which a neutral third-party acts as a facilitator to assist families in resolving a dispute. The role of the mediator is generally to facilitate communication between the parties and to assist them in focusing on the real issues of the dispute, instead of finger pointing and name-calling, and to generate viable options for settlement. Mediation offers:
- Efficient resolution of disputes
- Reduced anxiety and emotional stress
- Increased confidentiality and privacy
- Reduced cost
- Participant control over the results
"Collaborative" is not just another word for "friendly." It’s a different approach from traditional divorce litigation and is designed to make the process cooperative, not combative. With a Collaborative Law Divorce each side has a lawyer to act as an advisor and negotiator, but the goal is to settle, not to fight.
The use of Collaborative law for divorce is based on 3 principles:
1. A pledge not to go to court. At the outset the parties and lawyers sign an agreement that they will not go to court to settle their differences. Instead of spending costly hours preparing for trial, the lawyers help the parties reach settlement with informal and private meetings.
To ensure that everyone uses their best efforts to settle, the agreement states that if one side decides to stop negotiating and go to court, the lawyers must withdraw, and the husband and wife must hire new lawyers.
2. An honest exchange of information by both spouses. Collaborative law requires cooperation and respect. The parties provide each other with all information needed to work toward settlement. That way, discussions become more productive and an agreement is reached more easily. Unlike court, there’s no need for sneaky tactics to force the other side to do something.
3. A solution that takes into account the highest priorities of the spouses and the children. You may cease being spouses, but you don’t stop being worthy human beings. And if you have children, you’ll be parents forever.
If you choose the collaborative approach, your spouse must also hire a lawyer who’s committed to the process and who has had training. The best way to find one is to go to the Massachusetts Collaborative Law Council site.
Partial services: coaching, advising, document preparation, unbundled representation
Maybe your divorce isn’t complicated, and you’re confident enough to go it alone. Maybe you can’t afford or don’t want to pay for full scale representation. Whatever the case, you may just want some advice or help as you handle your own divorce.
Our firm offers partial (sometimes called "unbundled") divorce services. You can hire us to do specific tasks, and you do the rest. Partial services include:
- advice on the law and strategy
- legal research
- letter writing
- drafting or reviewing court documents
- ongoing coaching while you represent yourself
- review settlement options
Contact Us For a Confidential Consultation:
Contact the Lowell, MA family law attorneys at Berid & Schutzbank for a confidential consultation about your family law related matter.
