The length of a mediation session is two hours. Appointments are typically scheduled every two weeks.  Every couple meets with their mediator as often as their situation requires: parents with minor children (under age eighteen) average five to six sessions, parents without minor children average three to four sessions. In addition, each client may communicate with the mediator between sessions via telephone, e-mail or written correspondence.

A typical mediation sequence follows:

This session will provide a detailed explanation of the mediation process, separation and divorce filings and time-lines, as well as Probate and Family Court information.  Your mediator obtains pertinent parenting information and lists the financial documents you need to provide. All financial information must be documented, a process known as “legal discovery.” You will be asked to sign a mediation contract, which sets forth the confidentiality of the mediation process. Under Massachusetts General Law, mediation communications are confidential.

When minor children are involved, the sessions begin with a discussion of legal and physical custody.  Your mediator will explain each term, as well as its legal significance. You will receive information about Massachusetts court mandated Parent Education Programs. With the mediator’s assistance, you will consider a parenting plan specifically for your family.  

A review of both incomes and living expenses is a major consideration for child support and alimony.  Your mediator will explain and complete the Massachusetts Child Support Guidelines Worksheet as well as provide a tax analysis of support options.  Responsibility for your child’s college expenses is addressed.

The division of assets typically begins with an in-depth look at the marital house and the financial and tax implications of sole or continued joint ownership.  All assets are discussed, such as retirement plans, brokerage accounts, stocks and bonds, vehicles, business valuations, and house contents.  Liability decisions include responsibility for mortgage notes, equity lines, car loans, promissory notes, life insurance, pension loans, credit card, and all other debt.

Medical insurance coverage for spouse and child, a major concern in divorce, will be addressed. Responsibility for other insurances, including dental, life, and disability, are discussed.  Tax issues resolved include child dependency exemptions, filing status, and tax planning to minimize or eliminate tax upon transfer of assets.  Your particular situation may require the resolution of additional issues.

Before this appointment, you will have received your Divorce Agreement with ample time to review and make any changes. If you have chosen to use a consulting attorney, he or she would approve it as well.

At the final mediation session, the Divorce Agreement and additional required court forms are signed and notarized.  For your convenience, every mediator in our firm is a Notary. All documents are then submitted to the Probate Court for a hearing date and Judge’s approval of your settlement.