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Divorce at your own pace

While good timing isn’t everything, it does go a long way to making the divorce process a little bit easier.  Use mediation to stay in control of the divorce process.

Many traditional divorces include multiple court appearances.  Typically, parties obtain temporary orders before the case is marked for a pre-trial conference.  At various stages of the litigation, parties often are asked to make life altering decisions on the courthouse steps.  When one or both parties are in a heightened emotional state, those decisions may not be the best decisions the parties could make.

Mediation provides time for parties to make considered decisions.  People typically make better decisions  when emotions subside.  In addition, the parties can try out potential plans before committing to them completely.  The mediation process generally leads to agreements that won’t break down as easily as those made hastily under pressure in a traditional divorce proceeding.

Special Provisions for Cases Involving Children

Traditional litigation is embracing some of the core aspects and advantages of the mediation process.  The Probate and Family Court recently issued standing order 1-10 “Special Provisions for Cases Involving Children,” which becomes effective May 5, 2010.  The pilot project in Hampshire County provides for a child-focused procedural model to develop parenting plans.   It will encourage and facilitate non-adversarial parenting planning.  The child-focused model will provide opportunities for parents to obtain information about the adverse effects hostile litigation may have on children.  The process will explore and create a problem-solving atmosphere in which parents are encouraged to experiment with parenting plans and determine the best solutions for their children and the parents.