|
Profile and Mediation Info
Janice E. McChesney - Attorney/Mediator
I am a member of the Massachusetts Bar Association, Attleborro District Court Bar Association, Massachusetts Council on Family Mediation, Academy of Family Mediators, The Human Rights Committee and the Advisory Board for the Department of Mental Health and the Alliance for The Mentally Ill.
I have a mediation practice focused primarily on divorce and related issues. In working with divorcing couples, mediation offers them a better alternative that will will save them money, time and stress. Mediation allows them control over decisions that affect their lives.
There are three aspects of my services that people seem to like. One is that I am sensitive to clients needs. Secondly, I have an informal and flexible approach. Lastly, I offer a free consult to potential clients.
top
Mediation Sessions
You may use mediation at any point before, during or after, your separation or divorce. Mediation is an open and voluntary process and you may consult with a professional of your choice at any time during the process.
The average mediation consists of four to six sessions, and the average length of each session is one and one half hours. A typical mediation sequence follows:
Session One: Child Custody
Legal and physical custody, and a parenting plan for approval by the Probate Court.
Session Two: Child Support
This meeting includes completing the Massachusetts Child Support Guidelines Worksheet.
Session Three: Property Division
The division of assets typically begins with an in-depth look at the marital house, and includes tax consequences at present and future transfer and sale, and financial and tax implications of continued joint ownership.
Session Four: Asset and Liability Division
A continuation or property division, including pension plans, employee plans, savings accounts, stocks and bonds, vehicles, business valuations and house contents.
Session Five: Benefits and Divorce Process
Medical and dental insurance and expenses, liability responsibilities, child tax exemptions, and additional issues required due to your particular situation.
At the end of the mediation sessions, you will each receive a written copy of your settlement, called the Memorandum of Understanding. In Massachusetts, you may file for your own divorce, or you may each have an attorney represent you.
top
A Mediated Divorce
In the United States today, over one-half of all marriages end in divorce. Often the divorce process itself is traumatic, bitter and expensive. The adversarial setting for a typical divorce intensifies the hostility and "winner take all" attitude. A fairer, more civilized way to create a divorce settlement is through Mediation.
The following is a direct quote from the report of the Massachusetts Special Commission on Probate and Family Court Procedures:
"The evidence to date suggests that mediated settlements in marital disputes simply last longer and work better than adjudicated settlements because the parties who helped craft the settlements have a greater stake in making them work."
Mediation is a way for separating and divorcing men and women to reach fair settlements. A professional mediator can assist a husband and wife in one or more areas; child custody, parenting arrangements, child support, alimony, property division, insurance and taxes.
Studies Prove The Benefits of Mediation:
- Mediation is fair.
- It reduces bitterness.
- Mediators require important financial disclosure.
- Mediation helps your children's adjustment.
- It creates an atmosphere of cooperation.
- Mediated settlements cost less than 10% of a contested divorce.
- Mediators allow you to make your own decisions.
- Mediators help to create options that are specific to your circumstances.
- Mediation provides necessary legal and tax information and resources.
- Mediated agreements last longer than court ordered settlements.
- Mediation allows each of you to get what you really want.
top
Divorcing Parents Guidelines for Their Children
- Allow your children and yourself enough time for readjustment. Separation and divorce is emotionally draining, and each of you needs time to recover.
- Assure your children that they are not to blame for the breakup. You usually need to repeat this idea, especially with younger children. Studies have found that children often feel that they have done something wrong and caused the divorce, and that their parents were shocked by this attitude.
- Feelings of anger or bitterness toward your former spouse can hurt your child. The way you act, and the feelings that you show, are more important than the words that you use.
- Children need to respect both parents. Try and not criticize the other parent.
- Do not try to encourage or force your child to take one parent's side or the other. This kind of set up does a lot of damage to a child.
- Try to provide your child with some sense of stability and continuity. It is best if they do not have to cope with too many changes at one time.
- Separation and divorce often leads to financial pressures on both parents. Children are often "protected" from reality, rather than having this state calmly explained.
- Though very difficult at this time, each parent should support the parenting decisions of the other parent. (This, of course, applies to most parents who are sincerely trying to parent, maybe for the first time).
- A separation or divorce is always hard on the children. A child may not show his or her distress, may not even want to talk about what has happened, but it is up to the parent to be able to help a child talk about it. A parent may have to initiate the subject, and possibly repeat much of what that parent has already said to the child.
- Your child needs you at this time to remember to laugh if you can, and that life will get better for all of you.
top |
