Join us on Mending Fences as we talk to Attorney William Hickey, a seasoned family law litigator from Massachusetts. Together, we untangle the often-confusing world of divorce, focusing on the distinctions between mediation and litigation. Bill shares his expert insights on how he evaluates the suitability of mediation for his clients, highlighting crucial factors like the intricacy of the issues and the couple's communication dynamics. We also delve into the significance of fairness and client value when recommending dispute resolution methods.

We break down the essential steps for choosing a qualified mediator, ensuring you’re equipped with the right questions to ask. Learn about the importance of mediators being involved in professional communities and the need to clearly understand the boundaries of the the neutral's role. Because mediators can't give legal advice, having access to independent counsel is vital. Through practical examples, we clarify the mediator’s role and underscore the necessity of grounding mediation in sound legal advice for a more balanced process.

We also discuss the value of a collaborative role for attorneys in mediation. Whether both clients have legal representation or only one does, we discuss how attorneys can bring balance and informed decision-making to the table. We also touch upon critical moments when mediators should refer clients to litigators, acknowledging that some conflicts are best resolved through litigation. Tune in for an insightful discussion on navigating divorce with the right mix of mediation and litigation, tailored to meet your unique needs.