Amherst Mediation FAQ:

General

• How can I find a good lawyer?
• How much will I have to pay?
• What questions should I ask a lawyer in our first meeting?
• What is a retainer?
• Where else can I look if I don’t find the answer to my question here?

Elder Care:

• What is Elder Mediation?
• Is it voluntary?
• What are the benefits of mediation?
• Can mediation be successful for family members who disagree about most issues?
• Is mediation always appropriate?
• Is mediation right for you?
• How do you start?

Family/Divorce

• How much does a divorce cost?
• Can one attorney represent both parties in a divorce?
• What should we tell the children about divorce?
• How much financial support is enough?
• On what basis does the Court make decisions about property division and support?

Mediation

• Will the mediator act as our attorney?
• Can mediation be successful for couples who still disagree about most issues?
• Is mediation limited to divorcing couples?
• Can mediation result in a fair agreement where there is a power imbalance in the relationship between the parties?
• How much does mediation cost?
• Will I still need an attorney if I mediate my dispute?
• Where can I get more information about mediation?

General

How can I find a good lawyer? There are many resources available to help you choose a lawyer. Your local Bar Association may have a referral list of attorneys in your community who practice the type of law you need. You can reach the Bar Associations in Western Massachusetts at the following sites: Hampshire County at (413) 586-5038, e-mail http://www.hampshirebar.org/contact-us.html; Franklin County at (413) 773-9839, e-mail http://franklincountybar.org/contact.html; Berkshire County at (413) 442-5838, and Hampden County at (413) 732-4648, e-mail http://www.hcbar.org/category/5324&cfid=7899514&cftoken=44661114/contact-hcba.htm . You can reach the Massachusetts Bar Association at (617) 338-0500 and at its web site: www.massbar.org. You can often find a good referral by speaking to friends or colleagues who have had experience with local lawyers and getting personal recommendations. Most importantly, you should request an initial consultation with the lawyer and ask whatever questions you need to ask in order to feel confident in the attorney's ability to represent you knowledgeably, zealously, and efficiently. Some questions you may want to ask are listed below in this section.

How much will I have to pay? Many attorneys will give you an initial one half hour consultation for free in order to determine whether (s)he can assist you. Once the attorney has agreed to take your case, (s)he will explain the payment method for your particular case. Most cases are charged on an hourly rate basis, although some are billed as a flat fee, and some are charged as a percentage of the amount the lawyer collects for you (a contingent fee). You should be sure that you clearly understand on what basis you will be charged for the work that will be done for you. A written fee agreement will insure that you and your attorney both have the same understanding about what (s)he has agreed to do for you, and how much it will cost.

What questions should I ask a lawyer in our first meeting? The following is a list of questions that might help you to find the right attorney:

1. How much experience do you have in this field?
2. How many times have you handled matters like mine?
3. What are the possible results I can expect of my case?
4. Are there any alternative methods to resolve the matter?
5. Approximately how long will it take to resolve my case?
6. Do you ever recommend mediation or arbitration?
7. What are your rates, the rates of others in your office, and how often will you bill me?
8. How often and by what method will you keep me informed of progress?
9. What kind of approach will you take to resolve the case?
10. Can associate attorneys or paralegals in the office handle some of the work at a lower rate?

What is a retainer? A retainer is a sum of money the attorney will ask you for at the beginning of the case, against which (s)he will bill for fees or expenses, or both. Client retainer money must, by law, be kept in a separate account from the attorney's or firm's money. At this time, neither the attorney nor the client receive interest on these accounts. If your attorney is going to hold your money for a substantial period of time, you can request that (s)he keep it in a separate interest bearing account. Your retainer money remains yours, even though it is held by the attorney, until (s)he earns it by doing work for you, unless you have agreed to a different method of payment. If, at the end of your case, you still have retainer money in the attorney's client trust account, that money should be returned to you.

Where else can I look if I don’t find the answer to my question here? A good general resource for answers to many legal questions can be found on the website of the American Bar Association at www.abalawinfo.org

Elder Care
What is Elder Mediation?
Elder Mediation is a process in which a neutral trained third party (the mediator) will help the family identify issues, discuss each interested party’s respective concern, brainstorm ideas for resolution and ultimately help the parties arrive at a resolution. The process is both confidential and voluntary and can include professional advisors and/or care givers in addition to the elder and interested family members.

Is it voluntary?
Mediation is voluntary and confidential. Every party to the mediation will need to agree to attend and participate. You determine the pace of the mediation and any party can withdraw at any time.

What are the benefits of mediation?
Mediation is significantly cheaper than litigation.  In mediation you remain in control, not the court system, the judge or the attorneys.  In mediation you can craft an agreement that is unique to your situation. Maybe most importantly, mediation allows you to communicate directly with each other rather than through attorneys, by email, letters or other impersonal methods.  Mediation will often not only resolve the underlying conflict but will strengthen relationships at a time when such cooperation and unity is most needed.

Can mediation be successful for family members who disagree about most issues? Mediation can be successful for parties who are close to agreement and for those who still disagree about almost everything. The key to successful mediation is the willingness of all parties to mediate and to honestly disclose all necessary information.

Is mediation always appropriate?
Mediation is almost always an option and appropriate if the following exists:  All stakeholders (meaning all interested parties who need to be involved in a decision) are at the table, all parties are participating voluntarily, and are participating in good faith.

Is mediation right for you?
I offer a free initial consultation to help answer this question.  It is important that you feel comfortable with the mediator and that the mediator has an opportunity to assess whether in fact the situation is appropriate for mediation.  In general, if family members are interested in and willing to work cooperatively towards finding solutions to the problem at hand then mediation is probably the right approach.

How do you start?
Contact us at 413-256-1575 or email oran@orankaufman.com to schedule an initial appointment.  We suggest that you do this before a crisis erupts and while options are still available.

Family / Divorce

How much does a divorce cost? This is not an easy question to answer. It is nearly impossible to predict with any certainty what a divorce will cost because so much depends on the parties' ability to reach agreement on the issues. An attorney may be able to give you a better idea of the overall cost once (s)he has had an opportunity to assess the case and the chance of its settling as opposed to being litigated to its conclusion. Most attorneys will ask that you pay a retainer when the case begins. A retainer is a sum of money that is kept in a non-interest bearing client trust account. As fees are earned and costs are incurred by the attorney, those amounts are withdrawn from the trust account and paid to the attorney.

Can one attorney represent both parties in a divorce? No. It is a conflict of interest for one attorney to represent both parties in a divorce because the parties have potentially different and opposing interests in the outcome of the divorce. Even when the parties believe they can work out all the issues amicably, it is essential for each of them to obtain independent legal counsel.

What should we tell the children about divorce? What is the right way to handle custody? There is no one right way to handle custody arrangements or to tell the children that you are separating or divorcing. Your custody decisions should be based on an analysis of what is right for your children given their developmental stages, the tradition of care taking in the family, and the realities of the new family configurations. These decisions should not be based on punishing your former spouse, or your own needs. Attending a Parent Education Program will help you to understand how the divorce impacts your children and what you can do to minimize the harmful effects on them. Parent Education Programs are now mandated by the Massachusetts Probate and Family Court before a divorce will be granted, and you will be required to attend. You may also want to read the pamphlet "Stepping Back from Anger" which can be accessed through our link to the American Academy of Matrimonial Lawyers' Website at www.aaml.org/stepping.html

How much financial support is enough for a former spouse or a parent who cares for children at home? Financial support for a former spouse, called alimony, is dependent upon the needs of the person seeking support and the ability of the other spouse to pay. Child support is determined by a formula calculated according to the Child Support Guidelines. Your attorney will help you to estimate how much support you may be entitled to, or may have to pay, after (s)he has reviewed both parties' financial statements and other financial information.

On what basis does the Court make decisions about property division and support? The Massachusetts General Laws mandates that the Court review fifteen factors in coming to its decision about these issues. These factors are: the length of the marriage; the conduct of the parties during the marriage; the parties' ages; their health; their station; the amount and sources of the parties' income; the parties' vocational skills; their employability; their estates; their liabilities; the needs of each party; the opportunity for the acquisition or capital assets and income; the contribution of each party to the assets; the contribution of each party as homemaker to the family unit; and the needs of the dependent children. Some of these may be considered at the discretion of the Court, and others are mandatory. Your lawyer will help you understand how these factors will apply in your particular case.

Mediation

Will the mediator act as our attorney? The mediator cannot represent you as an attorney. However, (s)he can draft the Agreement when you have reached resolution. The mediator can also give you step by step instructions for filing your own divorce, or taking other steps to formalize your Agreement. Each party is encouraged to consult with an attorney at any time in the process.

Can mediation be successful for couples who still disagree about most issues? Mediation can be successful for parties who are close to agreement and for those who still disagree about almost everything. The key to successful mediation is the willingness of both parties to mediate and to honestly disclose all necessary information.

Is mediation limited to divorcing couples? No. Mediation is appropriate for unmarried, married, divorced, and gay and lesbian couples as well as for other family related issues. It is also appropriate for resolving workplace conflict and other non-family issues.

Can mediation result in a fair agreement where there is a power imbalance in the relationship between the parties? Mediators receive special training to enable them to identify and address power imbalances. Through methods such as equal exchange of information, education, equal time, and directly addressing issues of power, both parties are assured that they will be heard and will be able to participate in the mediation process as equals.

How much does mediation cost? You will receive a free one half hour initial consultation. After that, if you decide to engage in mediation, you will be charged a fee per hour of time spent on the case, including the mediation, telephone conferences, drafting, research, or other time. The average cost of mediation will usually be between $600.00 to $3,000.00; this is usually substantially less than hiring separate lawyers for litigation.

Will I still need an attorney if I mediate my dispute? It is a wise idea to have an independent attorney review the agreement you reached in mediation. An independent attorney will look over the agreement and be able to ask you questions to insure that your agreement is fair, and adequately protects your individual interest as well as the interest you have in resolving the dispute through a mediated agreement.

Where can I get more information about mediation?
Please check out our link to Amherst Mediation Services.