ATTORNEY MAUREEN A. FARIA

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A common and financially beneficial form of "Alternative Dispute Resolution" is the process known as Mediation. While it is understood and even expected that there may be varying degrees of disagreement between the parties at the onset of a divorce, for the process to succeed, both parties must want the matter resolved fairly and equitably and without having to go to court.

The Mediator, usually an experienced Mediation Attorney, is retained by the parties jointly as a neutral, not as "counsel" for either party. Each party therefore legally represents himself or herself. The Mediator's job is not to provide "legal advice" to either party but rather to inform the parties of the law as it relates to the particular course of action either or both might want to take. The Mediator then assists them in reaching an equitable solution with mutually agreed upon terms, informing both of them their individual rights, obligations, and options.

Each party may have his or her own individual counsel to provide the “legal advice” that the Mediator, as a neutral, is prohibited from doing. That said, the pleadings and written documents for filing with the court are prepared by the Mediator, not the attorney, at a considerable savings to the parties.

 "My goal as Mediator is to help the parties find a mutually beneficial solution while also preserving the respect and dignity or each party".

Another form of Alternate Dispute Resolution is referred to as “Collaborative Law.” This is not a separate body of law but rather a specialized way of handling divorce negotiations. In this environment, each party has retained his or her own counsel to advance their best interests, but all have agreed to “share” information and ideas as to the best way to resolve the issues for both parties. Often outside professionals may be called upon to provide helpful information such as accountants, therapists, or actuaries. The incentive in finding a mutually agreeable solution is strong, in that if the parties are unable to reach agreement, each must dismiss his or her present counsel and retain new counsel to proceed with the matter in court.

Sometimes parties do not need, want, or cannot afford to retain counsel in the matter but still want the necessary information to handle the case themselves. Having the benefit of an "on-the-side" expert with regard to the law and the process can be critical.

   "A very reasonable and cost- effective mediation attorney approach when only a little help is needed."