What is mediation? A voluntary and non-adversarial process by which a neutral person assists the parties with identifying and discussing issues to reach a mutually acceptable agreement on all elements arising from a contemplated separation, divorce or other domestic relations matter. 

Who drafts the agreement?  Once an agreement is reached, Ms. Kaplan can draft a written document known as a "Separation Agreement" which will be signed by both parties, filed in court and serve as your divorce agreement.

If we use a mediator, do we need to get attorneys?  Attorneys are not required.  Parties are encouraged to obtain independent legal counsel since separation and divorce involve significant responsibilities and rights and tax consequences. 

A licensed attorney who serves as your divorce mediator cannot and does not represent either or both of you at any time during the mediation process.  Only a lawyer can advise you as to how the law applies to your particular set of circumstances and to explore the options with you to enable you to make fully informed decisions during the mediation process.

How long will it take to get a divorce? Once a Separation Agreement is approved by the Massachusetts Probate and Family Court, your divorce becomes final 120 days thereafter (under a Joint Petition for Divorce only).

How does mediation work? The mediator does not represent either party or serve as an advisor.  There will be an exchange of financial information and essential documents because full disclosure of income, assets and debts is required.  Ms. Kaplan helps to organize the process by facilitating the discussion of issues, options and alternatives through a series of one to two hour sessions.  She will identify points of agreement and disagreement with the ultimate goal of reaching a comprehensive agreement. 

Will we have to go to court if we reach an agreement through mediation?  Yes.  One brief appearance at a divorce hearing will be required.  Ms. Kaplan can assist you and your spouse with the appropriate paperwork in order to obtain a divorce hearing date.

Can I still go to court if mediation does not work out? Yes.  Mediation is voluntary.  Your participation in mediation does not prevent you from seeking court intervention. 

What are the advantages of mediation?

Certainty and Control: Unlike a judge or arbitrator, the mediator does not decide the outcome of the dispute.  Mediation empowers the parties to reach an agreement that meets their specific needs.  The parties control the outcome.

Cost Effective: Mediation will generally save you money.  Hourly mediation rates are less than paying two attorneys.  Payments are more manageable since mediation sessions are due and payable at the conclusion of each session.  An attorney generally requires a large retainer (lump sum amount) at the inception of a case.

Save Time: If you choose mediation, you are not at the mercy of the overburdened court system whereas court proceedings and court documents are open to the public.

Confidential: Ms. Kaplan cannot discuss your case outside of the mediation session (with some exceptions) whereas court proceedings and most court documents are open to the public.