Barbara J. Katzenberg, Attorney at Law
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Divorce mediation or litigation?

When going through the dissolution of marriage process, there is likely to be some conflict. It is normal. Many times, any issues can be resolved in divorce mediation. However, there are those in Massachusetts who find that litigation turns out to be necessary.

Divorce mediation is a great way to get through the dissolution process. It is generally less expensive and takes less time. It does require couples to be open and honest in their communication. It also requires each spouse to give a little when needed in order to reach a settlement agreement that each feels is fair and balanced.

Unfortunately, there are those couples who may find that mediation is not getting them anywhere. They just keep going round and round in circles with no result. In such cases, litigation may be necessary. There are also cases in which mediation may not be appropriate at all, such as when domestic violence, substance abuse, power imbalance, criminal activities or forensic issues -- among other things -- are a problem.

Those in Massachusetts who are ready to end their marriages but who are not sure of the best way to go about it can turn to legal counsel for assistance. After a careful case review, the best way to proceed can then be decided. If divorce mediation is desired, it can certainly be tried. If, however, there are reasons as to why it would be best to skip mediation and go directly to litigation, one's legal representative can do everything necessary to make it happen and will work diligently to achieve the best settlement terms possible.

Source:, "When Divorce Litigation is Inevitable", Sinta Ebersohn, Oct. 6. 2017

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