Using a Business Lawyer to Support Your Divorce Mediation in Wellesley

A business lawyer who is trained in alternative dispute resolution can support your divorce mediation in Wellesley in several ways.

One of the most important aspects of a divorce is often the division of property. Assets that were once “ours” have to become “yours” and “mine.” Because of a well-known cognitive bias called the Endowment Effect that makes it difficult for people to give up something they have once touched, the transition can become contentious. Many people use mediation to make the negotiation easier and less expensive than having lawyers fight about it.

If your financial situation is complex, a business lawyer can help untangle it or find ways for you and your soon to be ex-spouse to share ownership. For instance, if you have complex assets that are hard to split like a family business, creative properties that generate licensing revenue or private equity fund (alternative investments) interests, it may be best to hold them in a partnership structured to manage any ongoing conflict. If you hold investments that are subject to a buy-sell arrangement, you may need to navigate them in a way that does not trigger an early liquidation.

A corporate lawyer who is also a mediator can support your family mediation process around business issues, either as counsel or as co-mediator. He is able to bring a different set of experiences than many family mediators without taking away from the good work your mediator is doing on other issues.

Finally, unlike many litigators, a business lawyer is used to working together with people to find solutions. His initial approach is likely to be more collaborative, in the interest of maximizing value for his clients, rather than confrontational, in the interest of winning a contest. It can be a good fit for divorce mediation with complex financial situations.