781.708.4445

info@levinedisputeresolution.com

Divorce Mediation Blog

Filing and Service of a Divorce Complaint During Mediation: It’s Not a Sin

Friday, July 20, 2012

We have been thinking a lot lately about what some see as mutually inconsistent behaviors: the filing and service of a divorce complaint during mediation. There are many reasons why a person may feel a need to file while mediating because of a host of rules and statutes that filing and service trigger, such as asset restraining orders, mandatory document exchanges, the running of certain waiting periods and quite recently, the fixing of “length of marriage” for application of Massachusetts’ new alimony laws.

Many mediation clients may feel that such a filing and service is hostile to the notions of good faith meditation, which objectively stated, is not always the case. Yet, meditation clients enter the process because they need to deal with each other; and that includes the attitudes that each of them may hold on this very subject. Each person needs to make cost benefit decisions throughout, and this is just one of many.

The role that the mediator plays in either introducing this topic to the parties or in addressing it when raised by one of them (or by counsel) bears more critical thinking. We believe that mediators should not handicap their clients with a doctrinaire view that assigns ill motives to the person who is considering, or should be considering, a filing. Rather, neutral professionals have an obligation to encourage transparency, solid information and informed decisions, including this one.

This subject is a complex and layered one and we are working on a longer and far more detailed treatment of this important aspect of mediation, cutting across the spectrum of family law, and we will post it here after its publication.



Get e-mail notifications of new blog posts! Enter email address below.:



Delivered by FeedBurner

other articles


recent posts


tags

separation divorce mediator SJC family support alimony reform legislation divorce arbitrators med-arb arbitrator alimony statute pre-ARA alimony divorce mediators IRC §2704 family law divorce arbitrator Massachusetts divorce lawyers family law arbitrator Massachusetts Alimony Reform Act resolve disputes annulment med/arb divorce judgment divorce lawyers Cohabitation mediators special master lawyers high-risk methodology child support alimony Massachusetts divorce mediators alimony law health coverage medical benefits family mediation Defense of Marriage Act divorce and family law mediators Massachusetts Lawyers Weekly family law mediation private dispute resolution Family Law Arbitration divorce and family law family and probate law disputes Divorce Baseball Arbitration disputes Uniform Arbitration Act Levine Dispute Resolution Center LLC Baseball Child Support Guidelines Boston The Seven Sins of Alimony mediations Massachusetts lawyers support orders divorce process MLB labor agreement Massachusetts alimony Obamacare how baseball arbitration works Divorce Agreements facilitated negotiations health insurance Self-adjusting alimony orders divorce agreement arbitrators Major League Baseball Arbitration self-adjusting alimony arbitration Baseball Players LDRC traditional negotiations fraud alimony orders Massachusetts alimony and child support lawyer divorced General term alimony dispute resolution divorce arbitration Alimony Reform Act divorce litigation litigation Same Sex Marriage mediator rehabilitative alimony mediation family law arbitrators Levine Dispute Resolution COLA DOMA Chouteau Levine Matrimonial Arbitration divorce mediation conciliation Twinkies Levine Dispute Resolutions Massachusetts divorce mediations lawyer-attended mediation Levine Dispute Resolution Center