In 2014, we didn't know yet who would be running for president in the 2016 election, the Guardians of the Galaxy  had just arrived, Pharrell Williams was " Happy ", and the Ebola virus outbreak was reaching epidemic proportions in West Africa. Also, in 2014 we posted a 3-part article on Starting the Divorce Process , and despite how much has changed since 2014, divorce is pretty much the same.  You have a choice when getting divorced; you decide how much professional help you want, how much control you want to have over the outcome, and how much time and energy you have to devote to your divorce. What is different in 2020 is the continued growth in popularity of divorce process options that focus on family over fighting.  More professionals are trained every year in collaborative law and mediation.  Conscious uncoupling has become a buzzword for a better divorce. More and more resources are showing up to help explain the options in divorce in more understand...

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 many reasons that there are currently fewer Collaborative cases than there are mediation and litigation cases.  Just to name a few of the challenges: the process is newer and less well known to the general public; there is still confusion about the cost and benefits of the process; and there aren't as many practitioners trained in the process as there are in mediation (and no additional training is "required" to go to court).  Collaborative Law, like mediation, requires that both parties choose the process.  If one party wants to go to court then the other essentially has no choice.   There are many seminars on informing the reluctant opponent, and about educating other professionals regarding Collaborative Law and hopefully these strategies will help more cases resolve amicably. However, there will always be some cases where one side chooses to hire an attorney who believes litigation is the best route, or at the very least is not willing to be disqual...

There are many resources available to help you answer the question "How do I Start the Divorce Process?"  Unfortunately, many of them only tell you part of the story.  This three part blog series will explore why that is and make an effort to gather all of the information in one place.  In Part one we provide you with our answer to this question.  In Part two we explore some of the other answers you might receive to this question and explain why they are incomplete.  In Part three we provide a more complete answer with an in-depth summary of each divorce process option. How do I Start the Divorce Process? Divorce is a legal, financial and emotional process for ending a marriage.  In Massachusetts the legal portion of the divorce is either contested or uncontested.  “Uncontested” means that you both agree to the divorce and have reached a full agreement on all legal and financial issues.  An uncontested divorce can be filed in Massachuset...