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Choosing a Better Solution |
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In divorce mediation, the parties jointly select a neutral person as mediator who guides them as they decide how to divde their assets, formulate a parenting plan, determine support, and to settle all other rights and responsibilities arising out of their marriage so that they mitigate emotional and financial harm that so often occurs in divorce. Successful mediation results in agreed-upon terms that are incorporated into a separation agreement which Karen can draft. |
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Parent Coordinator |
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In Massachusetts, a Parent Coordinator is is not appointed by the court, but instead is a person chosen by the parties, whose role is defined by the parties themselves through a contract. The Parent Coordinator may assume the role of advisor, a mediator, or an arbitrator. This means that parents may choose to allow their Parent Coordinator to arbitrate; e.g., be the "tie-breaker," in custody, visitation or parenting plan disputes, or may be used to mediate those disputes, where it is up to the parties to ultimately reach a resolution guided by the Parent Coordinator. Finally, the Parent Coordinator may act as an advisor or parenting coach or mentor, to help manage the inevitable problems that arise in parenting children from separate households. |
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Parent Coordination, or "PC," is not psychotherapy, PC works when parents have a true interest in improving their relationship through coaching or mediation, or when one or the other believes that it cannot be improved and a third party neutral should resolve disputes for them, swiftly and equitably. |
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Because PC is not psychotherapy, an experienced, highly competent family lawyer like Karen is preferred by many parties and their lawyers. Disagreement is inevitable and normal, and should not be viewed as pathological. Parents who disagree need problem-solving intervention, not psychoanalysis. With the foresight to put a parent coordinator in place at the time of divorce, parents and children are not left to struggle on their own. |
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From time to time, Karen is asked to consult with divorce litigants who are pro se (representing him or herself), and will coach unrepresented parties so that they can more effectively represent themselves. She requires a written engagement agreement, making clear the limited scope of her representation as a legal counsellor, which will never include appearing in court. |
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Karen will also coach parties who are involved in a family law dispute and who have counsel, but who need an extra bit of attention (hand-holding), or may need assistance with understanding concepts and settlement proposals. Karen accepts such engagements only with approval of the client's lawyer. Karen's work in these cases is much more cost-effective than using the client's litigator for non-litigation concerns; moreover, she is easily accessible by e-mail and phone, when busy trial attorneys often are not. |
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Guardian Ad Litem |
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A guardian ad litem is a professional person appointed by the court, pursuant to statute and court rules that define the qualifications, requirements to fulfill the role, and contents of reports. Courts often appoint GALs to investigate or evaluate conflicted custody cases to assist the court in determining the best interests of the child or children whose custody is in question. GAL reports often assist the parties in resolving their disputes, because facts reported by a GAL may differ from facts reported by a party to counsel; thus, GAL reports may reveal strengths or weaknesses of a party's position. Moreover, a GAL may suggest, if authorized to do so, a parenting plan that appeals to both parties, notwithstanding their initial inability to agree. |
Limited Scope Representation and Referral |
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Karen will also consult with potential clients to find the right trial lawyer. She maintains a list of trusted colleagues to whom she refers contested matters. |