| 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 $1,500 - $3,000. 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.
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 $1,500 - $3,000. 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 |