Skip to main content

Another Benefit of Mediation: No Waiting in Court

There are advantages and disadvantages of mediation and you should consider both in deciding whether mediation is right for your case.

For instance, many people choose mediation because they believe it will be cheaper. In all cases that may not be true, but there is a difference between cost and value. Even if the cost of your mediation is higher than you were expecting, you can at least be confident that the time you were charged by your mediator was time spent on moving your case forward. Unfortunately this is not always the case when you go to Court.

Because there are so many other people seeking relief from the Court, I often have to explain to clients what I call "Hurry up and Wait." You have to be at the courthouse at your appointed time for any Motions, Pre-Trials, Contempt hearings, Trials, or other hearings. But there will likely be other cases waiting for hearing at that same time. And even if you are right on time, you will still likely spend hours waiting for your case to be heard. That time is time that your attorney cannot spend working on other cases and is therefore time you will be charged for. Essentially this means that when you go to Court you can end up paying your attorney for multiple hours, for work that could have been completed in a much shorter time working with a mediator.

Of course going to court is sometimes necessary because mediation requires both parties to voluntary participate. But if you are trying to decide whether to use mediation or not, think about whether you want to solve your problems, or wait (and wait, and wait) for someone else to solve them for you.

Comments

Popular posts from this blog

2024 U.S. Presidential Party Platforms - What are the policy positions that could affect families?

While the laws that affect family formation, marriage and divorce are often made at the state level, there are also many policies and laws at the federal level that affect families and children.  Just some examples from recent years that have impacted families in my mediation practice include changes to the federal tax laws (such as  the elimination of the alimony tax deduction ) and U.S. Supreme Court rulings on same sex marriage and reproductive health rights.  In just over a month, the United States presidential election will have a significant impact on these federal policies going forward, and could choose the next appointments to the U.S. Supreme Court as well. In 2016 and 2020 we shared what each presidential platform said about families and policy regarding family formation and dissolution, and below we'll provide you an update on the 2024 presidential platforms.  As Maya Angelou said, "When someone shows you who they are, believe them the first time."...

Massachusetts Family Court Financial Statement - Instructions & Best Practices

During a divorce, or other case in the Massachusetts Probate & Family Court that involves your finances, such as a child support case, you will likely be required to file a court form Financial Statement.  In Massachusetts there are two versions of this form: a "short form" if your income is under $75,000 and a "long form" if your income is $75,000 or more.  Many people find these forms confusing and we've compiled a list of helpful information for filling them out. First , to access the forms, the court has provided pdf or online versions here: Massachusetts Rule 401 Short Form Financial Statement (pdf) Massachusetts Rule 401 Long Form Financial Statement (pdf) There are also some basic instructions provided by the court explaining the sections of the forms and providing access to a Schedule A (for self-employed people) and Schedule B (for rental income): Massachusetts Rule 401 Short Form Financial Statement Basic Instructions Massachusetts Rule 401 Long F...

Can you Deviate from the Massachusetts Child Support Guidelines?

When completing the Massachusetts Child Support Guidelines Worksheet , many people are surprised by the resulting amount.  The court treats the worksheet amount as presumptive, which means that the amount in the worksheet is likely to be ordered by the court unless there is a good reason to deviate.  A common question in mediation between parents (both married and unmarried) is: If we agree to a different child support amount than the worksheet (or no child support at all), can we opt out or agree to a different child support than the guidelines suggests? The short answer is: sometimes.   In order to receive a Judgment from the court (whether in a divorce or an action between unmarried parents), the court requires the filing of the Child Support Guidelines worksheet.  However, there is a list of deviation factors in the Guidelines that the court can consider for ordering a number different than the worksheet.   When people are proposing a deviation tha...