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Mediation & Conciliation Services

Practice Areas

Divorce - We offer a consultation to educate individuals contemplating divorce who wish to understand the process and their rights. We also offer complete representation in all matters involving joint petitions and complaints for divorce, whether at the commencement of an action or for an action already in progress.

Separation - In Massachusetts, a distinct legal status of "separated" does not exist. However, if married individuals are living apart for justifiable cause, they may seek orders from the Court concerning custody and support. There are advantages and disadvantages to this type of action, which will be discussed during a consultation.

Child Support - A child support order may be sought in a situation where the paternity of a child has already been established. In Massachusetts, both parents regardless of marital status, are legally obligated to support their children. The Massachusetts Child Support Guidelines have established minimum orders. All parents must contribute to their child's support, regardless of their income level. A contempt action may be filed if child support is not being paid pursuant to an existing support order. Reimbursement for legal fees is always sought in contempt matters, as you should not have to pay a lawyer to obtain what the court has already ordered.

Custody - These are the most sensitive matters. Physical custody concerns where a child resides and legal custody concerns decisions regarding major life events of the child. In some cases sole custody is appropriate, and in others joint custody is appropriate. Whether you are seeking an initial custody order or change in custody, The Law Office of Merril S. Chin handles these matters with a high degree of compassion, common sense and experience.

Alimony - In some cases, it is appropriate for one spouse to pay the other a sum of money on a weekly, monthly or annual basis for his or her support. Alimony is gender neutral. A man may be obligated to pay alimony to a woman and a woman may be obligated to pay alimony to a man.

Modifications - In these times, our lives are ever-changing. The following issues may be modifiable in the context of a divorce or a paternity action: child support, alimony, custody, and visitation. Modifications of an existing judgment may be sought when there has been a material change in circumstances since the original order was entered.

Adoptions - Adoption of minor children is encouraged by our society and legal system, but can be a complicated process involving jurisdictional and statutory requirements. Step-parents often wish to adopt their new spouse's child or children, and others wish to become new parents through the adoption process. The birth parents may be involved if it is an open adoption, or they may have no involvement at all. Whether you are a step-parent seeking to adopt, or would like to provide a loving home for a child, we can assist you throughout the process.

Guardianships - In cases where an individual is unfit to care for either himself or herself or his or her children, a guardianship may be obtained. Guardianships may be temporary or long-term. A guardianship is never truly permanent as fitness may be re-asserted and established at any time.

Non-traditional Family Issues - Individuals who have not married and dissolve their relationship may use the laws of equity to obtain or enforce certain rights. For example, if two people who are not married purchase and maintain a home together, but the home is only held in one person's name, the other party may petition the Court to be compensated for his or her contributions. Also, an individual who is not married but has raised children with his or her partner, and has not adopted those children, may have legal rights as a de facto parent.

Paternity - When a child is born to individuals who are not married, a paternity action (either a Complaint to Establish Paternity or a Complaint for Custody, Visitation and Support) can be filed to adjudicate the father and provide for custody, visitation and child support. The custody of a child born to unmarried parents is automatically vested in the mother until the Court orders otherwise.

Prenuptial/Antenuptial Agreements - An agreement can be drafted before a marriage which provides for the division of assets and alimony in the event of a future divorce or the death of the parties. These agreements are most often used by individuals who wish to exclude assets acquired before marriage from inclusion in the marital assets to be divided in the event of a future divorce. They are also often used by individuals contemplating marriage for a second time who have a desire to preserve their assets for their children.

Mediation/Conciliation - Mediation is an informal dispute resolution process that offers a non-confrontational alternative to traditional litigation. Mediation is generally less adversarial, and the mediator is a neutral third party who helps facilitate resolution of a conflict and reach an agreement between the parties. Parties who choose mediation may also work with attorneys if they choose, and the attorneys may or may not participate in the mediation sessions.

Judith N. Cowan is an MCLE certified mediator and a certified conciliator with the Essex County Probate & Family Court. She is reputed to be the most requested conciliator in Essex County. Attorney Cowan began conciliating civil cases in the District Court in 1994, and has conciliated with the Probate & Family Court for over ten years. She completes approximately twenty-five conciliations per year, almost all successfully, resolving issues ranging from hotly contested custody and removal cases to complicated business transactions.

After years of litigation and trying family law cases, and handling the high volume of conciliation for the Probate and Family Court (pro bono), Attorney Cowan began mediating cases at the request of private parties and has been doing so for the past five years. Attorney Cowan takes a direct and facilitative approach in her mediation sessions, which she describes as "guided self-determination" and thus has a very high success rate with clients. Attorney Cowan's extensive experience in trying family law cases and wealth of knowledge of the Probate & Family Court system and judges manifests itself in her mediation style, capabilities and success.

Attorney Cowan conducts mediations for clients whose cases are already in the Court system (i.e., a Complaint has been filed) and for those whose cases are not. She also mediates cases at the request of and with the active participation of attorneys, and frequently resolves matters which have progressed through highly contested litigation without likelihood of settlement. In some instances, Attorney Cowan has been asked to perform a case evaluation for attorneys or for the parties, offering her perspective on the issues in dispute and/or the positions taken by each side. These evaluations also often lead to a settlement.

For couples who wish to avoid the confrontational, expensive and lengthy process of litigation, mediation offers a valuable alternative.