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Showing posts from April, 2010

Radio Appearance on Money Matters Radio - UPDATED

Attorney Kelsey will be appearing on Money Matters with Scottie McCall on Friday, April 30, 2010 at 3:30 P.M.

Attorney Kelsey will discuss financial issues in divorce. You can watch the interview live on the Money Matters website on Friday, April 30, 2010. Or listen at 1120 WBNW.

UPDATE: Attorney Kelsey's interview is now available here:



Are Mediators in Massachusetts required to be certified?

In Massachusetts, there is no certification for Mediators. However, there are requirements if you want your Mediation to be kept confidential. Massachusetts General Laws Chapter 233 Section 23C requires three elements for a Mediation to be confidential and privileged from discovery in a court proceeding.

First, you must enter into a written agreement with the Mediator. Second, the Mediator must have completed at least thirty (30) hours of training in mediation. Finally, the mediator must have at least four years of experience or be a member of a dispute resolution organization that has been in existence for at least three years, such as the Massachusetts Council on Family Mediation, Inc.

Attorney Justin Kelsey meets these standards and if you sign a written agreement to hire Attorney Kelsey as your mediator then all communications and work product of your mediation will be confidential pursuant to MGL ch. 233 §27C.

Sexting now considered a Crime against Chastity, Morality, Decency and Good Order in MA.

On April 12, 2010 the Massachusetts legislature passed AN ACT RELATIVE TO ASSAULT AND BATTERY BY MEANS OF A BODILY SUBSTANCE UPON CORRECTIONAL FACILITY EMPLOYEES AND EXPANDING THE PROHIBITION ON THE DISSEMINATION OF OBSCENITY.

The second portion of the Act has to do with amending the Commonwealth's laws against distributing obscenity to close a gap in the law.

The previous statue defined "matter" as

"any handwritten or printed material, visual representation, live performance or sound recording including but not limited to, books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances."
The new law expands this definition by adding:

"or any electronic communication including, but not limited to, electronic mail, instant messages, text messages, and any other communication created by means of use of the Internet or wireless network, whether by computer, telephone, or any other device or by any …

What are the Advantages & Disadvantages of Mediation?

Mediation has many advantages over litigation. It is usually less expensive than negotiating your agreement through two attorneys and it is far less expensive than going to trial. Mediation can also help you avoid the backlog in the courts, allowing for a more expedient resolution.

In addition to these practical concerns, though, Mediation offers something that the Courts do not offer: the chance to resolve your case on your terms. If you are unable to settle your case in Court a Judge, essentially a stranger who will only meet you for a very limited period of time, will make major decisions about your life. Mediation is your opportunity to make these decisions together. After all, who knows what is better for you than you do.

On a related not, Mediation is also an excellent forum for solving issues unique to divorce that our legal system cannot adequately address. As an example, many couples will litigate who will get custody of the family pets. While most judges are not interested i…