DIVORCE MEDIATION Mediation stands in strong contrast to the traditional divorce process in which each member of the couple hires an attorney to negotiate or litigate for him or her. Since 1979, Janet Miller Wiseman, one of the most experienced divorce mediators in Massachusetts, has been helping parties understand the legal statutes and design creative agreements for: Living arrangements, assessment of and talking with children Division/buy-out/sale of real estate and marital property Minimizing tax and divorce costs Equitable division of child expenses and educational costs Secure coverage for medical/dental/life insurance expenses Repayment of marital and individual debt Mediation clients have the advantage of learning the collaborative mediation process that builds trust and enduring negotiation skills. They have the security of a comprehensive “checks and balances” process wherein we dialogue with our experienced collaborators about intricate legal, tax and parenting questions and refer to experienced experts such as CPA’s, real estate, business and pension appraisers, adolescent and child experts and review attorneys when appropriate. Our clients present the judge with a court-ready Mediated Separation Agreement with input from highly respected experts. Janet Miller Wiseman, principal, is an original co-founder and Past President of the Mass Council on Family Mediation and of The Negotiation Collaborative. Janet has over 28 years of experience with clients in suggesting and co-crafting cost-effective, genuinely creative alternatives, not simply legalistic formulas. We welcome your questions at Millerwise@aol.com or 781-861-9847 and will provide you with complimentary information. For additional information, select a topic: Child Support Calculator Benefits Results Tasks Process Advantages Qualifications Allied Professionals Fees Frequently Asked Questions CHILD SUPPORT CALCULATOR Click below CHILD SUPPORT CALCULATOR for a rough estimate of how much your child support may be. BENEFITS OF DIVORCE MEDIATION Divorce Mediation is a respectful, inexpensive, confidential and efficient process. The benefits of this process include: Cost, time and conflict savings Better post-divorce adjustment for all family members Full voluntary financial disclosure of all income and assets Expert help in talking with, assessing children’s needs and living arrangements Comprehensive collaboration with the best financial, legal, parenting experts RESULTS OF DIVORCE MEDIATION The couple’s Mediated Agreements detailing the full range of their agreement on parenting, support, division of property and tax consequences is: Drafted by the mediator Reviewed separately by attorneys for each party, a checks and balances process Finalized into a joint “Separation Agreement”, and signed as a legal contract Taken into Probate Court for a judge’s approval, becoming an order of the court. The final mediated agreement, when signed, is a legal contract. It must be filed with a probate court when the couple has a divorce hearing to become a court order. In an uncontested divorce action, the divorce will be final in 120 days. TASKS Divorcing partners, together with the expert assistance of the experienced mediator, create alternatives, then decide upon: Living arrangements, talking with and assessing children’s needs Financial support of children through college Financial support of each other, when necessary Division/buy-out/sale of real estate and martial property Tax consequences of sale/transfer of property Medical/ dental insurance/life insurance How to cover children’s expenses in the event of death How to divide debts/liabilities   PROCESS During the mediation process, each member of the couple: is taught how to use our collaborative mediation process lists ALL marital property and ALL income makes full financial disclosure estimates costs of living separately is helped to know what he or she needs r.e. children and finances negotiates to a solution satisfactory to both parties leaves mediation with a “Mediated Separation Agreement” has a collaborative or review attorney review agreement, files joint petition for divorce, and “the divorce pleadings” submits the Separation Agreement for court approval as the final divorce agreement ADVANTAGES Divorce mediation clients find mediation respectful, efficient and economical. They find mediation helps them to: custom tailor an agreement to meet their own unique needs, not just legalistic formulas minimize adversarial interaction through a mutual agreement process protect their children from undue pain and confusion take charge of their own lives develop a joint commitment to the agreement that enhances the chance that both parties will live up to its’ provisions. ensure a confidential and voluntary process (Mass State Law, Chapter 233, Section 23c) QUALIFICATIONS Janet Miller Wiseman is one of the most experienced divorce mediators in Massachusetts. She is a certified Divorce and Family Mediator by the Mass. Council on Family Mediation, a professional group she co-founded in 1981, and for which she was Past President for two years. She receives monthly updates on critical issues and she has been creating joint alternatives with her divorce, separation, pre and post-divorce clients since 1979. Janet teaches and trains mediation professionals in academic and corporate settings in English and Spanish in North and South America. She has published a book in the mediation field and numerous articles. ALLIED PROFESSIONALS As standard practice in the mediation field, all mediation clients have their advisory attorneys review their joint agreements in their individual best interest after mediation. Only a judge, not a lawyer, nor a mediator is empowered to approve a Separation Agreement. In many cases clients benefit during the mediation from consulting with: Appraisers of property, businesses, pensions CPA’s, CFA’s, tax advisors, financial planners Advisory attorneys   FEES We make every attempt to complete the mediation as quickly as possible consistent with meeting the needs of both parties. Our sessions are two hours in length and may take from 2 sessions to approximately 5 sessions. The time spent to draft the agreement is billed. The hourly rate is calculated from a base of $225 per hour, dependent upon income, a standard suburban mediation fee.