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High Conflict Divorce Mediation
Some couples consider divorce mediation but shy away because they cannot imagine sitting down with their partner and agreeing on anything. The argument goes something like this”we can’t even agree on what we disagree aboutif you think a mediator will be able to help figure out our finances and parenting plans you must be crazy!” Well, then I must be crazy. Don’t get me wrong. Divorce mediation can be challenging. There are times when mediations face seemingly unsolvable impasses. In fact, it is not uncommon during divorce mediation for one or both individuals to seriously consider “walking away” from the mediation. I regularly find myself in awe of the mediation process because despite these despairing moments, couples almost always overcome the impasse and move forward. Using one case example, I will describe some of the more common ways mediation helps couples “stay at the table” and develop a plan – collaboratively – that works for both of them and their children. Setting the Scene: "John" and "Sue" spend three mediation sessions debating and rehashing the same child support ideas. The discussion has been circular and tempers have flared. Both John and Sue have contemplated leaving the mediation and taking their chances with attorneys and court. Yet, weeks later they are able to leave their mediation for a final time with a mutually developed separation agreement. What happened?
This is just a sampling of common techniques mediators use to help couples overcome impasse. John and Sue talked about “walking away” several times but in the end the mediation process allowed them to figure out their financial division and parenting plans. If asked if they believe mediation can be helpful to others I would imagine they would answer, “We were pleasantly surprised that we could work things out in mediationif you don’t think it can help you too then you must be crazy!”
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Divorcing couples in Massachusetts can divide their property on their own, or they can leave it up to the court, who will divide all the property equitably. When dividing marital property, courts consider such factors as the length of the marriage, the conduct of the spouses, the occupation and income of the spouses, their employability and the opportunity for each spouse to acquire property in the future.
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Your Right to Child Custody, Visitation & Support Cover Price: $ Your Price: $17.95 You Save: $7.00 "A Plain English Guide to Protecting Your Children" Author: Mary L. Boland, Attorney at Law
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