Massachusetts Family Law Attorney and Mediator
Mediation and Collaborative Law
While I have been successful as a litigator and will go to court if that is in the best interest of my client, I prefer to settle cases collaboratively. At the law office of Diane W. Spears in Boston, Massachusetts, I am a lawyer and mediator and believe wholeheartedly in the benefits of divorce mediation.
Background in Mediation
The preference for divorce mediation is more than a philosophy for me at the law office of Diane W. Spears. In 1990, I earned a Graduate Certificate in Dispute Resolution from the University of Massachusetts. I am also a member of the Society of Professionals in Dispute Resolution, the Massachusetts Council on Family Mediation, and the Collaborative Law Council. In addition, I serve on the Middlesex County panel of certified conciliators.
Benefits of Divorce Mediation
In a litigated dispute, life-altering decisions are placed in the hands of a judge. In a mediated settlement, the two parties control the decision-making process.
In a litigated dispute, personal information may be presented in an open courtroom. Information shared during mediation is kept in confidence.
In litigation, some or all communication is “filtered” through attorneys. Often, the result is misunderstanding and bad feelings. In a mediated dispute, the parties communicate directly with each other, with the mediator present to clarify issues before they become obstacles to settlement.
Mediation is a cooperative rather than an adversarial process. Mediated disputes tend to be resolved more quickly, at less expense, and with a higher level of satisfaction for both parties.
Disadvantages of Unnecessary Litigation
The reality of a divorce is that there are legal fees and costs involved. If you cannot resolve your dispute collaboratively through mediation, then the issue goes to court. Your legal fees can mount as you argue over seemingly insignificant issues and assets of low value. Often, there is very little if anything to fight over.
If disputes are not resolved using divorce mediation services, the decisions are taken completely out of your hands. At trial, you will be represented by an attorney who speaks on your behalf. All marital issues become part of the court records. Interaction between the two spouses is discouraged. Ultimately, the judge will render his verdict, taking all control away from you and your spouse--the kind of control that you have in mediation.
Without mediation, you suffer, your spouse suffers, and, perhaps more important, your children suffer. For more information on mediation or to schedule an appointment, please contact me.
