Litigation vs Mediation

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Divorce Mediation MA is a type of dispute resolution in which the participants meet with a trained neutral person, a mediator, in order to work through their issues. These meetings typically occur outside the presence of attorneys. After each session, a mediator will usually issue a written summary of what was accomplished, which can then be forwarded to the parties' respective attorneys for review and input. Ultimately the parties reach an agreement which is reduced to writing, and that agreement is presented to the court to be incorporated into a judgment.

Litigation is a process where one or both parties ("litigants") file a court complaint to give a judge the authority to resolve family disputes. The Judge is either appointed by the Governor or an elected official who, after hearing each point of view, makes a decision. If the hearing is for a limited portion of the dispute, then that hearing may result in what is referred to as a "temporary order." While the hearing itself may only last for five minutes, the effects of the resulting order may be far reaching, determining such things as the amount of support to be paid, where the children will live, or even whether or not one litigant should be mandated to leave the home. Temporary orders often influence what a judge will ultimately issue as a final order. If the hearing or trial is scheduled for the entire matter, then both parties will have an opportunity to present their entire story or "case," along with witnesses who may testify on a variety of matters such as the value of assets, the ability of a litigant to have custody of the children, or events that occurred during the marriage.

Ultimately, if the case does not settle, then the Judge will hear testimony on the following factors and will make a decision on what will become the judgment:

- Length of Marriage

- Conduct of the Parties during Marriage

- Age of the Parties

- Health of the Parties

- Station of the Parties

- Occupation of the Parties

- Amount of Income of the Parties

- Sources of Income of the Parties

- Vocational Skills of the Parties

- Employability of the Parties

- Estate of the Parties

- Liabilities of the Parties

- Needs of the Parties

- Opportunity of the Parties to Acquire Future Capital Assets

- Opportunity of the Parties to Acquire Future Income

- Contribution of the Parties in the Acquisition of their Estate

- Contribution of the Parties in the Preservation of their Estate

- Contribution of the Parties in Appreciation in Value of their Estate

- Contribution of the Parties as a Homemaker to the Family Unit

- Needs of the Children

Divorce Mediation MA is a better a less expensive method of divorcing in Massachusetts.

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Litigation vs Mediation

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This article was published on 2011/06/08