Divorce Mediation- An Effective Way To Move Forward

Mediation is a popular option for couples in Massachusetts when they have decided to divorce.

A couple who has agreed that their marriage has reached a point of “irretrievable breakdown” according to Massachusetts General Law Chapter 208, due to no particular fault of either party, may want to consider mediation. Mediation may be more affordable for some and take less time than a contested, litigated divorce.

Sitting down with a trained and experienced mediator, often an attorney or retired judge, provides the divorcing couple an opportunity to develop a fair and equitable memorandum of understanding covering all of the requirements of ending their marriage contract and dividing their assets. Mediators are able to help agreeable couples through simple or complex financial situations including child support and child custody agreements. [Read more…]

Divorce Mediation For Small Business Owners In Massachusetts

Divorce is never easy, and it gets more complicated when a couple begins a successful business after their marriage. There are very few people who divorce and then are able to manage working together on a daily basis, so splitting the company or leaving it is generally best for one spouse. Using mediation rather than going to court is an effective way of ensuring both parties continue to profit from the successful business.

Splitting the Business Down the Middle
There are some businesses where splitting a company is relatively easy, and each person has their own territory. Mediation helps to decide which partner gets a particular territory, and this is usually done when both people enter an agreement willingly. Each partner retains their own share of business, and they negotiate physical territories so they do not steal each other’s customers. This is acceptable under Massachusetts law, and most judges deem it as a reasonable distribution of a family business. [Read more…]

Preparing For Divorce Mediation

Divorce is always a painful process. Splitting assets for its cash value is often a difficult end to a relationship that did not work out. Emotions run high, even in an amicable divorce. Being prepared is the best way to ensure both parties receive their fair share of the marital assets and debts. Listing shared properties of value, dividing properties with written evaluations by a neutral party and listing all goals for the divorce mediation are important to avoid costly mistakes.

List All Items of Value
Every couple has items of value. A family home is a piece of real property. Vehicles, jewelry, family heirlooms and furniture may all have monetary value. Family businesses or savings and retirement accounts are part of the marital assets as well. Credit card or loan debt is part of the equation too. These items are all part of the property settlement for the divorce. Dividing them equitably between the partners is the goal of mediation. Having a list of all valued property makes division easier and ensures both parties receive their fair share.

Evaluating the Property
Written evaluations by a neutral third-party can be extremely useful to the mediation. This helps establish actual values and equity of the property. It keeps the mediation on a successful track for both parties.

Bring a Written List of Goals
Mediation is a form of negotiation. It is important for each person to know their goals. Writing them down gives a person the opportunity to ensure they reach their goals. It is difficult to make changes once a mediation agreement is complete. Referring to a list of properties being split and their value ensures nothing is forgotten in the final mediation agreement.

Mediation is often a cost-effective way for couples to divide their assets without the cost of litigation. Being prepared for the mediation is the best way to achieve a fair settlement in a timely fashion for both parties. If you are considering divorce mediation, please call our office to learn more.