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Why litigate when you can mediate? Divorce can be a wrenching experience for both parties. An experienced, skilled mediator can assist a couple committed to working together in a respectful process, achieve a result that is fair to both, often at substantially less cost than traditional litigation. The experienced lawyers at KCL bring substantial knowledge and experience in all aspects of family law to their training and experience as mediators.
We initially meet with both parties to assess whether mediation is appropriate and likely to be successful. In that initial session we describe the parameters of Massachusetts divorce law and the mediation process and discuss the parties' goals. We explain that both parties must be committed to complete disclosure of their respective financial situations including their income, assets, liabilities, and debt, and explain how Massachusetts divorce law treats division of assets and debt as well as issues of child support and the potential of alimony. If there are minor children, we ask the parties to share their visions of a future parenting plan that might best meet the needs of their particular family situation, and again explain how Massachusetts law typically handles issues of legal and physical custody and support.
Mediation is not for every couple. But in the hands of a skilled mediator, a couple committed to achieving a mutually fair result can turn what can otherwise be a very painful and costly adversarial process into a relatively positive experience in which the couple determine their future.
Collaborative Family Law is an “out of court option” to reach agreement on legal disputes in Divorce or other Family Law topics. The parties agree to avoid court and sign an agreement promising to work together, with the assistance of their individual counsel. Each party provides full disclosure of information to the other in an atmosphere of mutual respect forming the basis of a solution which considers the priorities of the spouses and their children. Issues are discussed openly and problems are solved jointly with the goal of reaching a written Agreement that resolves all issues, for example, to dissolve a marriage, allocate assets, determine parenting time and necessary support.
The parties are protected in the event that either party finds that the collaborative law process has failed to address their individual needs. With notice to the other party that the collaborative process has failed, the party may turn to the Court system for help in resolution of the matter.
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