Photo/Nancy Brumback
By Nancy Brumback, Contributing Writer
Northborough—Attorney Jane Fraier spends a lot of time in court litigating divorce cases. But she urges couples to try mediation first.
Fraier is a partner with Monique Maillet at the Northborough firm of Fraier & Maillet, and she has specialized in family law since 1992.
About 15 years ago, she became a certified mediator, and now offers mediation services to couples, both before they get a divorce and to resolve issues after a divorce.
“Mediation doesn’t take any other options off the table, and it’s worth a try because it is inexpensive and easy,” Fraier pointed out.
“And mediation almost always works. In the 15 years I have been doing this, there have only been two cases where mediation did not resolve the issues,” she added.
“When someone reaches out to an attorney, it’s almost always because the financial situation or the parenting situation is broken. Mediation works best when there is some level of communication or a common agenda.”
Fraier’s usual approach to mediation is to schedule two sessions with the parties. The first session deals with parenting issues. “I find the mediation goes better if the parties can realize that they are both good parents.”
The second session covers financial issues.
“Usually people come out of mediation with a divorce agreement after these two sessions,” she said. The divorce agreement reached during mediation is then submitted to the court for a judgement, and Fraier will accompany the parties to court to explain any unusual arrangements in the agreement to the judge. The end product of mediation is a divorce agreement or a modification of a divorce agreement that is already in place.
“My mediation practice is a lot simpler than many,” she noted. Clients are billed monthly for services, with no flat fees or retainers.
As a mediator, Fraier meets with both parties in a dispute together; she does not represent either side, and the parties may or may not have an attorney. Any emails or phone conversations about the case are shared with both parties.
“When a couple comes in for mediation, usually one party has more financial information than the other or has a more intimate knowledge of the children’s activities and needs than the other. I level the playing field by having them exchange all that information.”
Fraier pointed out that mediation is a completely confidential process, and that if it breaks down, nothing said during mediation can be used in court.
Fraier’s mediation practice works on the clients’ time, and is not dependent on a court schedule. “We can go as fast or as slowly as the couple wants to go.” She offers early morning and evening appointments.
When someone calls asking for information on mediation, Fraier explains the process and then always invites the other party to call and discuss the same information before starting mediation.
“Even if the parties are not speaking to each other, mediation is worth a try. It’s more amicable, less expensive and usually faster” than litigation, she said.
Fraier has an undergraduate degree in economics from the College of Charleston in South Carolina and a law degree from Pennsylvania State University’s Dickinson School of Law.
Fraier & Maillet is located at 9 Monroe St. in Northborough. For additional information, see the website, www.northborolaw.com or call 508-393-3525.
