Seeking Cooperative Family Law Solutions Through Mediation
The “traditional” way to get a divorce or resolve a child custody disagreement was by going to court. For years, this was the only option available. But litigation isn’t a good approach for many clients because it immediately establishes the process as combative and adversarial (one spouse is literally suing the other).
Thankfully, there are alternative methods available, including family law mediation. I am attorney Laura Greco Naylor, head of Greco Law, PLLC. I’m a strong believer in the benefits of alternative dispute resolution, and I’m a proud member of the Massachusetts Council on Family Mediation, Inc. When you contact the firm to discuss your legal options, we can determine if mediation is right for you.
How Does Mediation Work?
Rather than leaving important decisions up to a judge, mediation focuses on reaching an agreement between two parties (divorcing spouses and/or co-parents). The negotiations are facilitated by a neutral third-party mediator who does not make any decisions or judgments. Rather, he or she is there to keep the conversation going and focused on finding solutions. This helps the two parties negotiate their own agreement, which is likely to be more acceptable since the parties are active participants in creating their agreement.
Once all details have been worked out, they are written down in a mediation agreement, which is then submitted to a judge for formal approval.
The Benefits Of Mediating Your Family Law Matter
Compared to traditional litigation, mediation is likely to:
- Be faster
- Be less expensive
- Be less combative/acrimonious
- Give both parties more control over the final outcome
Mediating child custody matters can be especially useful for several reasons. First, it spares children from witnessing a contentious custody battle. Second, it gives parents the opportunity to co-create a parenting agreement that is highly detailed and works for all parties involved. Finally, it is more likely than litigation to remain civil, setting the parents up for an amicable and cooperative co-parenting relationship going forward.
Mediation Is Not Right For Everyone
The primary requirements for mediation are a joint willingness to negotiate and the ability to communicate in a civil manner. Even when spouses are angry with each other, most are able to meet these requirements.
But mediation is not possible or appropriate in every case, such as when a spouse has a history of domestic violence. It is also not possible if one spouse stubbornly refuses to negotiate.
Your Representative or Neutral
I provide mediation services as the neutral mediator, and I also advise my clients as their attorney during mediation where there is another mediator facilitating the process.
Learn More About Your Legal Options By Speaking To A Skilled Attorney
If you think mediation may be right for you, or if you want to learn more about all of your family law options, please contact my office in Woburn to schedule an initial consultation. Call 978-806-6922 or fill out my online contact form.
The information provided on this site is intended for general informational purposes only and should not be interpreted as legal advice. Consult an attorney to obtain individual legal advice. Please be advised that this material may constitute advertising under the rules of the Supreme Judicial Court of Massachusetts.
