Attorney Scott M. Martin is also a Divorce Mediator. Divorce Mediation is another option for couples getting a divorce. If a couple cannot reach an agreement on all the legal issues on their own, want to resolve their differences amicably and they do not want a judge to make those decisions for them, the couple has the option of hiring an impartial divorce mediator to assist them in reaching a fair and equitable agreement. A mediator does not represent either spouse. The mediator is impartial and assists the couple in reaching their own agreement by creating a cooperative environment where they work together to reach an agreement on the terms of their divorce. 


Note:  The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation  

Mediation only works if the couple does the following:

  • Participates in the process freely and voluntarily;

  • Makes full and complete financial disclosure;

  • Believes with confidence that they have or will receive full financial disclosure from the other spouse; and

  • Makes a good faith effort to reach an agreement.

Although there are many benefits to having reached an agreement through mediation, the following is a list of some of the benefits of using mediation for your divorce: 

  • Significant cost savings; 

  • Less adversarial; 

  • Mediation insures that you are fully informed about your legal and financial options and the consequences of each decision;

  • Achieve settlement in less time and with less stress and animosity than with a litigated divorce; 

  • Couples retain greater control over their decisions;

  • Less painful experience for the couple and any children involved since the emotional turmoil of a litigated divorce is avoided; 

Mediated settlements usually last longer and work better because the couple has more of a stake in an agreement that they worked out themselves.




 

Frequently Asked Questions in Divorce Mediation

 

How long does divorce mediation take? 

Since all divorcing couples are unique, the amount of time needed to reach an agreement varies based upon the level of conflict, the number of issues and the complexity of the family's finances. The length of time, however, is determined by the divorcing individuals, rather than the Family and Probate Court, which does not intervene in this process. 

How much does divorce mediation cost? 

Most couples share the cost of their mediation. The costs are based on a per hour charge, which is specific to each mediator. The hourly rate is the fee for both of you, and applies to the time focused on your case, including but not limited to time spent in meetings, on the telephone, and in drafting agreements and other documents. Our clients are requested to deposit a retainer at the beginning of their divorce mediation. The retainer is deposited in a separate account and applied against billed time and expenses. After the mediation ends the remaining balance, if any, from the retainer is refunded.

When Should We Start Mediation?

At any stage of your divorce proceeding, you may decide that divorce mediation may be helpful in reaching an agreement. I recommend that you start divorce mediation prior to your separation so that the mediator may help you make good decisions from the beginning of your divorce proceeding and avoid any needless conflicts and mistakes.

Is There a Risk in Using Mediation?

Since mediation is a voluntary process, you do not give up any rights or settlement options by using mediation and you are always free to pursue other legal remedies, such as seeking the advice of an attorney and/or filing with the Probate and Family Court. 





Note:  The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation