ALTERNATIVE DISPUTE RESOLUTION
Alternative Dispute Resolution programs like mediation, collaborative law and arbitration are now established methods for the resolution of family law matters. In many cases, clients express an interest in learning about alternatives to litigation such as mediation and collaborative law to resolve their divorce or family matter. These methods of resolution are inherently less adversarial, reducing the emotional toll on the parties and children in a divorce and usually are more cost effective than litigation. However it is important to speak with a lawyer experienced in these methods to understand whether your case is appropriate for resolution by one of these methods.

Mark T. Smith is a trained mediator, collaborative law attorney, arbitrator and court conciliator. He is a member of the Massachusetts Council on Family Mediation and the Massachusetts Collaborative Law Council. He serves as a court appointed conciliator for the Middlesex Probate & Family Court.

Mary Beth Sweeney is a trained mediator and collaborative law attorney. She is licensed to practice and serves clients in both Massachusetts and New Hampshire.

The following is a brief description of the mediation and collaborative law process. To learn more about these alternatives to resolving divorce, paternity and custody matters (and many others), contact Mark T. Smith or Mary Beth Sweeney.

MEDIATION
Mediation is a confidential process by which the parties’ hire a divorce mediator who serves as a “neutral.” Both clients hire the mediator as their mediator, not as their lawyer. Often times clients also hire their own lawyers during this process to provide counsel and review any agreements reached during mediation. The mediation process is completely voluntary and each party is free to terminate the mediation at any time.

Mediated agreements are not perfect but they can provide the control and peace of mind that is lacking in a litigated matter.

Both Mark T. Smith and Mary Beth Sweeney are experienced family law attorneys and serve as mediators. Each of them brings a level of sophistication to the mediation process and familiarity with the law and complex legal issues. They can assist in providing information about the law, identifying when experts are needed, making sure that tax considerations are taken into account. They will also attempt to guide you in fashioning an agreement that will withstand the scrutiny of a judge when it is presented for approval to the court.

COLLABORATIVE LAW
Utilizing this problem-solving process, the parties and their lawyers commit themselves to resolving their disputes without court intervention or litigation in the privacy of their lawyers’ offices. The parties and lawyers cooperate by jointly retaining any experts or therapists necessary to accomplish this goal and meeting together frequently to agree on the process and ways to resolve their issues. The process also requires an open and honest exchange of information.

ARBITRATION
In Arbitration, the lawyers and parties agree on someone, usually a former judge or experienced family lawyer, to serve as the arbitrator in their case. They sign an arbitration agreement specifically identifying the issues the arbitrator will decide and the process for doing so. Hearings before the arbitrator usually take place in the privacy of the arbitrator’s office, are confidential and are set to begin and end at a time certain convenient to all involved in the process. The arbitrator hears the matter and renders a decision that is then submitted to the court for incorporation into a binding order or judgment of the court.