In response to our recent article,  I'm in Mediation, do I need a Lawyer too? , mediator  Stephen G. Anderson asked on twitter: We though this was a great question, so here you go Stephen: I've hired a Lawyer, do I need a Mediator too? Even though many mediators are lawyers, mediators perform a very different service than lawyers.  One of the first things I tell my mediation clients is that, although I have a base of legal knowledge to draw from when assisting them, I am not acting as their lawyer when I am mediating.  But if you already have a lawyer, would you want a mediator too?  If you want to resolve your dispute privately, with less cost, and more control, then the answer is quite simply: YES. Because the mediator role is different than the role that your lawyer serves there are numerous benefits to hiring a mediator  to work with you and your lawyers, and some risks as well.  Below is a summary of the pros and cons: Benefit...

A  recent LinkedIn discussion debated the value of consulting a lawyer when participating in mediation.  Here are the pros and cons: Benefits of Hiring a Lawyer while Participating in Mediation: Legal Advice: A mediator can provide legal information but not legal advice.  That's because legal advice is particular to your individual situation and the mediator as a neutral shouldn't be providing advice to either individual.   A Private Sounding Board : Sometimes people are afraid to raise certain issues in mediation because they're not sure if it's relevant or how the other person will react.  A lawyer can help you decide what issues you should raise and the best way to raise them. Education about the Law :  Mediation is a negotiation, and if you don't have a lawyer with you then you are negotiating for yourself.  One of the best ways to do well in a negotiation is to be prepared.  While the mediator can provide legal information, you m...

There are numerous articles telling you what you should ask a divorce attorney before you hire them and we recently posted our advice on preparing for the attorney-client interview .   As mediators we encourage clients to work with attorneys to make sure that they are fully informed throughout the divorce process, but we also recommend, in most cases, that clients try mediation before having their attorneys negotiate or litigate on their behalf. We recommend a mediation-first approach because of the many benefits of negotiating on your own behalf with the help of a skilled mediator .  Hiring a mediator, though, can be just as confusing and stressful as hiring a lawyer.  We're hoping this article helps make that process easier: Finding the Right Mediator for You Similar to hiring a lawyer you want to make sure that you ask questions about the mediator's practice, cost, and experience, to ensure that your mediator fits your financial circumstances.  Typically...

Experiencing any type of legal dispute is stressful and many people walk into a lawyer's office nervous and anxious about the experience.  In order to reduce that anxiety and ensure that you hire someone who is a good fit for your case, it is important to consider what questions you want to ask and to enter that meeting prepared. There are numerous articles telling you what you should ask a divorce attorney before you hire them . The typical advice ranges from the obvious (what are their billing rates) to the not-so-obvious (what percentage of their practice is devoted to your type of case).   As a mediator, though, my advice is a little more personal. Does your lawyer understand your goals? While it is important to ask questions about the lawyer's practice, cost and experience, it is also very important that any counsel that you hire understands your goals.   The type of lawyer you choose to meet with and hire can have a significant impact on how you view confli...

Last Friday, May 31, 2013, I attended the American Craft Beer Festival at the Seaport World Trade Center in Boston.  It included more than 140 brewers providing samples of over 600 different beers.  I would not call myself a connoisseur of beer and went primarily because of the interest of a friend.  However, when I considered how I would rate the various beers that I sampled, I discovered that some clearly stood well above the others. Before I attended ACBF, I knew that all beers were not created equal, but I would not have gone out of my way to find a particular beer.  What I learned at the ACBF, though, is that some beers are truly worth going out of your way to find.  Specifically my favorites were Lunch from the  Maine Beer Company  and Koko Brown from the  Kona Brewing Company . So now that I've whet your appetite for a good beer, let me explain why I think there is actually a lesson in my experience that can help you hire a lawyer...

There are five questions you will need to answer to get started with a divorce in Massachusetts: 1. CAN you file for divorce in Massachusetts? 2. WHY are you getting divorced? 3. HOW will you get divorced? 4. WHO can help you get divorced? 5. WHERE will you get divorced? We answer each of these questions below: 1. CAN you file for divorce in Massachusetts? If you have been a resident of Massachusetts for one year then you can file for divorce in Massachusetts. Even if you have not been a resident for one year, you still may be able to file for divorce in Massachusetts but it may be complicated to determine. We created an infographic to clarify the confusing question of jurisdiction over a divorce case in Massachusetts by consolidating the statutes and case law into one chart available here: Can I file for divorce in Massachusetts? An Infographic. Just because you can file for divorce in Massachusetts, however, does not necessarily mean the court has jurisdiction o...

For many individuals who call our office, it is their first time speaking with an attorney.  They are nervous and know they need help with the divorce process but they have no idea what to expect. Our first goal of an initial consultation is to reduce that anxiety by helping you understand what to expect.  We do this by explaining some basics about how divorce works in Massachusetts, and by obtaining some basic information about your specific case and the issues that you may face in dissolving your specific marriage. Whether you meet with a mediator or an attorney for your divorce consultation, and whether the meeting is free or not, you should make sure that you are prepared to get the most out of that meeting.  To assist you in getting the most value out of your initial consultation we have prepared this list of helpful tips: TIPS to prepare for your initial consultation: 1. Bring with you the following documents, if you have access to them: A cert...

Donna Ferber, a psychotherapist and author of the book "From Ex-Wife to Exceptional Life: A Woman's Journey Through Divorce" (Purple Lotus Press 2009), recently wrote a two-part blog on the Do's and Don'ts of hiring a divorce attorney . Some of the highlights: The Do's: - Just because your friend had a good experience with an attorney doesn’t mean they are the right one for you. Trust your gut. - Aggression doesn’t insure a “win”. An overly aggressive attorney may fan the flames of conflict rather than move toward resolution. - Pick an attorney who understands this isn’t about “winning”. She/He should understand divorce is about a major change in the family and that more than the “bottom line” will be affected. A good family attorney is willing, when necessary to work with your therapist. He/she is focused on the family’s post divorce situation and understands the interconnectedness of the family does not end with the dissolution of the marriage. In short, ...