| Law Office of Attorney Russell P. Canevazzi 58 Sandwich Street Plymouth, Massachusetts 02360 (508) 746-3161 |
| Splitting up does not have to tear a family apart. |
| DIVORCE MEDIATION |
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Divorce mediation provides an alternative way of reaching a divorce settlement. Rather
than each party hiring a separate attorney to negotiate and advise, both of parties hire
one mediator to help negotiate their own Agreement. Mediation is designed for the
parties to act for their own interests and to enter into the communication directly.
Mediators are not advocates and do not take sides. The mediator is a trained, neutral,
third party who will help both parties reach a self-determined and reasonable agreement
that each party will be able to understand, accept and implement.
WHAT ARE POTENTIAL BENEFITS OF DIVORCE MEDIATION?
Benefits of Satisfaction with the Settlement
Studies have shown that people who mediate their own Separation Agreements tend to
be more satisfied with them over time than people who sign lawyer-argued agreements
or court imposed regulations. Through mediation, disputes almost always have a
reasonable point of resolution which will allow both sides to come away with their
minimum needs met. Unsatisfactory agreements lead right back to court again and
again, keeping the dispute alive - to everyone's detriment.
Benefits To Your Children
No one suffers from the long-term trauma of divorce more than children. Mediation is a
critical tool to help couples put aside their personal animosity and search for terms,
which will best serve their children. Mediators can encourage decision-making based on
your children's need for both parents. When you go through a face-to-face mediation,
you begin to make mutual decisions about the children - a process which, like it or not,
you will have to repeat throughout their minority. The mediation process will take you
far toward helping your children survive the divorce without developing negative feelings
toward either parent.
Benefit of Avoiding Litigation
By mediating your own separation agreement, you will keep your marital conflicts
confidential and be spared the additional pressure of open court proceedings and the
involvement of your friends and family members.
Mediation is also usually a quicker process as most cases are mediated and submitted
to the court within three to four months from the onset of talks, whereas, a litigated
divorce can take longer than a year just to be assigned a trial date.
Cost
The cost of mediation will differ in each case, depending on the number of issues, which
need to be resolved, and the amount of time it takes to reach agreement. The average
mediation conducted by Attorney Canevazzi is completed within three to four two-hour
sessions at $250.00 per hour. After agreement is reached, the Attorney will produce
your Separation Agreement and complete all the necessary documentation required to
file your divorce proceeding with the Probate Court. The average mediation cost is
between $900 - $1,500. Both parties may share equally in this cost, or it can be the
expense of only one party. Payment is on a session-basis allowing for budget
considerations without excessive retainers. In a contested divorce with both parties
hiring separate counsel, you can expect to spend several thousand dollars each, with a
large retainer fee up front.
HOW DOES MEDIATION WORK?
The initial step consists of a familiarization with the process - an instructional period
designed to cause the parties to adjust their thinking and assemble the pertinent data
required.
The second step consists of discussions with BOTH PARTIES present before the
mediator. Each party will be given equal and sufficient time with which to set forth their
information and voice their concerns and desires for the future. The mediator will guide
you into a Separation Agreement by assessing this given information, making additional
inquiries where indicated so as to address all necessary issues, and then set forth
possible resolutions of the various problems - present and future, so that you may
proceed to conduct your affairs in a more tolerable manner.
In the final step, the Separation Agreement is submitted to the Court along with all the
necessary documentation required for assignment of a hearing date. Both parties appear
before the judge and after approval of their Agreement, the divorce is granted.
In summary, compromise through mediation is a far wiser alternative. The divorce
process is faster; the expenses are more than cut in half; and the parties are better able
to devote their time and energy in focusing upon the process of establishing their new
life roles.
than each party hiring a separate attorney to negotiate and advise, both of parties hire
one mediator to help negotiate their own Agreement. Mediation is designed for the
parties to act for their own interests and to enter into the communication directly.
Mediators are not advocates and do not take sides. The mediator is a trained, neutral,
third party who will help both parties reach a self-determined and reasonable agreement
that each party will be able to understand, accept and implement.
WHAT ARE POTENTIAL BENEFITS OF DIVORCE MEDIATION?
Benefits of Satisfaction with the Settlement
Studies have shown that people who mediate their own Separation Agreements tend to
be more satisfied with them over time than people who sign lawyer-argued agreements
or court imposed regulations. Through mediation, disputes almost always have a
reasonable point of resolution which will allow both sides to come away with their
minimum needs met. Unsatisfactory agreements lead right back to court again and
again, keeping the dispute alive - to everyone's detriment.
Benefits To Your Children
No one suffers from the long-term trauma of divorce more than children. Mediation is a
critical tool to help couples put aside their personal animosity and search for terms,
which will best serve their children. Mediators can encourage decision-making based on
your children's need for both parents. When you go through a face-to-face mediation,
you begin to make mutual decisions about the children - a process which, like it or not,
you will have to repeat throughout their minority. The mediation process will take you
far toward helping your children survive the divorce without developing negative feelings
toward either parent.
Benefit of Avoiding Litigation
By mediating your own separation agreement, you will keep your marital conflicts
confidential and be spared the additional pressure of open court proceedings and the
involvement of your friends and family members.
Mediation is also usually a quicker process as most cases are mediated and submitted
to the court within three to four months from the onset of talks, whereas, a litigated
divorce can take longer than a year just to be assigned a trial date.
Cost
The cost of mediation will differ in each case, depending on the number of issues, which
need to be resolved, and the amount of time it takes to reach agreement. The average
mediation conducted by Attorney Canevazzi is completed within three to four two-hour
sessions at $250.00 per hour. After agreement is reached, the Attorney will produce
your Separation Agreement and complete all the necessary documentation required to
file your divorce proceeding with the Probate Court. The average mediation cost is
between $900 - $1,500. Both parties may share equally in this cost, or it can be the
expense of only one party. Payment is on a session-basis allowing for budget
considerations without excessive retainers. In a contested divorce with both parties
hiring separate counsel, you can expect to spend several thousand dollars each, with a
large retainer fee up front.
HOW DOES MEDIATION WORK?
The initial step consists of a familiarization with the process - an instructional period
designed to cause the parties to adjust their thinking and assemble the pertinent data
required.
The second step consists of discussions with BOTH PARTIES present before the
mediator. Each party will be given equal and sufficient time with which to set forth their
information and voice their concerns and desires for the future. The mediator will guide
you into a Separation Agreement by assessing this given information, making additional
inquiries where indicated so as to address all necessary issues, and then set forth
possible resolutions of the various problems - present and future, so that you may
proceed to conduct your affairs in a more tolerable manner.
In the final step, the Separation Agreement is submitted to the Court along with all the
necessary documentation required for assignment of a hearing date. Both parties appear
before the judge and after approval of their Agreement, the divorce is granted.
In summary, compromise through mediation is a far wiser alternative. The divorce
process is faster; the expenses are more than cut in half; and the parties are better able
to devote their time and energy in focusing upon the process of establishing their new
life roles.
| Please direct questions or comments to the email provided below. rcanevazzi@yahoo.com |