Mark Berson Mediation About Mediation Sessions

ABOUT MEDIATION SERVICES
	How long it will take to reach a final settlement is dependent on many factors. A major consideration will be how quickly you and your spouse agree on each aspect of your particular situation. Although every situation is different, I have outlined a typical mediation sequence for you so you can see what the process might be and how it could help you.
Sessions
	The Length of a mediation session is usually two hours. Appointments are typically scheduled every two weeks. Each couple meets with their mediator as often as their situation requires; parents with minor children (under age eighteen) average five to six sessions, parents without minor children average three to four sessions. Each client may communicate with the mediator between sessions via telephone, e-mail or written correspondence.
First Session
	This session will provide a detailed explanation of the mediation process, separation and divorce filings and time-lines, as well as Probate and Family Court information. The mediator obtains pertinent parenting information and lists the financial documents you need to provide. All financial information must be documented in a process known as “legal discovery.” You will be asked to sign a mediation contract, which sets forth the confidentiality of the mediation process. (Under Massachusetts General law, mediation communications are confidential.)
Child Custody (if applicable)
Child Support and Alimony (if applicable)
Asset, Liability and Property Division
	The division of assets typically begins with an in-depth look at the marital house and the financial and tax implications of sole or continued joint ownership. All assets are discussed, such as retirement plans, brokerage accounts, stocks and bonds, vehicles, business valuations and house contents. Liability decisions include responsibility for mortgage notes, equity lines, car loans, promissory notes, life insurance, pension loans, credit card and all other debt.
Insurance Benefits and Tax Consequences
	Medical insurance coverage for spouse and child, a major concern in divorce, will be addressed. Responsibility for other insurances, including dental, life and disability are discussed. Tax issues resolved include child dependency exemptions, filing status, and tax planning to minimize or eliminate tax upon transfer of assets. Your particular situation may require the resolution of additional issues.
Final Session
	Before this appointment, you will have received your Divorce Agreement with ample time to review and make any changes. If you have chosen to use a consulting attorney, he or she would have reviewed it as well. At the final mediation session, the Divorce Agreement and additional required court forms are signed and notarized. For your convenience, the mediator is a Notary. All documents are then submitted to the Probate Court and Family Court for a hearing date and judge’s approval of your settlement.
Involvement of Other Attorneys
	Although I am a practicing attorney with extensive family law experience, during the mediation process I do not represent either of you as an attorney. My role is to assist you in reaching a fair settlement that is tailored to your unique circumstances and is within a court’s parameters for approval. I manage the legal, financial and emotional maze of divorce for you. You may choose to consult with an attorney at any time during the mediation process. I recommend that each of you have a consulting attorney review the divorce agreement before you sign it.
Mediation Fees
	All mediation costs are based on the mediator’s hourly fee, which is the cost for both of you. Please ask at the time of your call. Fees are due at the time of each session and upon completion of work by the mediator.
My Commitment to our Clients
	At Mark Berson Mediation, I share a common goal with you: I want to insure that you make informed decisions so that you are fully satisfied with your settlement now as well as in the future. To that end, I shall make every effort to assist each of you in making the best decisions.
To speak with me at no cost, request an additional information packet or schedule an appointment, please call 413-774-3744 or send a message via e-mail to inquiry@MarkBersonMediation.com.

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