Barbara J. Katzenberg, Attorney at Law
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Is divorce mediation suitable for all divorcing couples?

Nothing about a divorce is easy. However, there are ways in which the process can be made less traumatic, less costly and less time consuming. However, it will require the willingness of both spouses to communicate in a peaceful manner and even compromise when necessary. Solutions for contentious issues can be sought with the guidance of an impartial Massachusetts mediator to facilitate divorce mediation.

Those who are unsure whether this process will be a suitable method for conflict resolution in their divorces can look at some factors that may influence the ultimate success of divorce mediation. History of abuse and one spouse's fear for his or her future personal safety and the safety of the children may hamper mediation. However, this process offers an equal platform for both parties to discuss their individual concerns and work together on finding solutions.

Each party must be able to stand up for him or herself, and spouses must respect and attempt to understand the other's viewpoints and opinions. Furthermore, successful mediation may also depend on both parties being confident that their soon-to-be exes have no hidden assets and that they are honest and forthcoming with financial information. Many couples have benefited from their commitment to communicating their needs for the future and have reached agreements that accommodated all concerned.

Although it is possible to navigate the process of divorce mediation without legal representation, it may be beneficial for each party to have an attorney present during mediation. Not only can a seasoned family law attorney provide valuable input based on years of experience, but a lawyer can also ensure that his or her client is heard and treated fairly. The attorneys can then ensure that the final divorce agreement complies with federal and state requirements before it is presented in a Massachusetts family law court.

Source: FindLaw, "Divorce Mediation Lawyers and Divorce Mediation", Aug. 22, 2016

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