Wednesday, December 18, 2019

Is Divorce Mediation Legally Binding?

I hear this question a lot but it is not exactly the right question.  Mediation is a voluntary process in which both parties agree to use mediation to help them resolve their dispute.  In the case of a divorce, the mediator will help the parties reach an agreement which will then be drafted into a divorce agreement and ultimately presented to the judge for approval.

Let’s go back to the question, “Is Divorce Mediation Legally Binding?” Mediation is different than arbitration.  In arbitration, the parties present their dispute to an arbitrator and the arbitrator makes a decision. It is sort of like a trial in front of a private judge. Some arbitrations are binding and some are not. Arbitrations often arise as a result of a contractual provision that requires arbitration in the event of a conflict. The contract will indicate whether the arbitration is binding or not.

Tuesday, October 22, 2019

Postnuptial Agreements- Part I

        A Postnuptial Agreement, sometimes known as a Marital Agreement, is an agreement between two people who are married and are either thinking about divorce but have not yet decided to divorce, or are considering divorce but are hoping that such agreement may help them stay together.
Why might you want to consider a Marital Agreement?  Here are a few scenarios that may make a Marital Agreement worth considering:

Tuesday, October 8, 2019

Divorce Mediation Process in a Nutshell


Amherst Mediation Services
Divorce Mediation Process in a Nutshell

1. Initial Free Consultation:  The mediator and both parties will meet together for an initial free consultation. At this meeting, the mediator will explain the mediation process, discuss fees and cost of mediation, compare mediation with other options and answer questions that either party has about the process or about the mediator.
2. While there is no obligation to start the mediation process following the initial consult, we will set aside time that day so that if you want to start that day, you can. Typically, if the mediation starts that day, the mediator will spend between 30-60 minutes with you getting background information about your situation, basic financial information and information about where you are in the process of divorce or separating.  You will be sent home that day with some homework.

Wednesday, July 24, 2019

Valuation of the Marital Home

If you are getting divorced and you own your home, one issue that will certainly need to be addressed is the valuation of your home.   The exceptions to this are: 1) If you plan to sell your home; and 2) if you plan to continue to jointly own the home.  Let’s discuss these two options first.