Judge Linda Prestley (Ret.)

Mediation is a forum where couples and families can resolve their disputes and work out the terms of an agreement together. Assisted by a third-party neutral who is trained in dispute resolution, family dynamics, finances and legal issues, they resolve divorce and other family matters without the intervention of the court.

Mediation is confidential, voluntary and usually less acrimonious. For years, I litigated cases against other attorneys while we left our client’s decision-making in the hands of a judge: a stranger to the family. As a judge, I was the one in the hot seat, asked to make those decisions. I began to see real benefits in parties staying out of court, keeping it in a neutral, less expensive setting where couples could take the time necessary communicating, weighing options, compromising and reaching an agreement that was realistic and would benefit their family.

Prior to my retirement, I spent decades of my judicial practice trying and mediating family matters, both with counsel and self-represented cases. My watch words were to be real, practical, creative, knowledgeable and positive. I saw that the results in mediation were generally better than what could be achieved through trial, and saved everyone a lot of grief and money. Having been a judge, I can also give parties a good idea of what a court struggles with. After I stepped down from the bench, with additional training in basic and advanced mediation, working as a mediator was a natural transition for me. I believe that the whole area of family law is moving in the direction of mediation as a great way to resolve family cases.

Well, I like people, and I am there to help them work out their own solutions during trying times. I try to stay positive and real at the same time. I have faced so many scenarios that I think sometimes I can orient parties to look around the corner to see that there is a solution that can be at least okay and allow people to move on. By doing these things, I help parties come up with a resolution or a plan that they might not find for themselves in the fog of divorce.

I think the emotional aspect of a divorce is challenging, and there I can help to pour some oil on the waters by being calm and helpful myself. Also, while this is not essential, being a former judge helps give me some credibility, because I know the territory and have seen thousands of these situations. I can encourage parties to find a solution that, while not perfect, might be best for all concerned.

Mediation is less rule and process based and provides more flexibility than litigation. It is usually more cost-effective because the parties control the timeline. It may take just a few months to resolve a case and file the necessary paperwork while parties pay just one professional. Mediation allows parties to control the outcome, not the lawyers and judges. Finally, mediation allows parties the opportunity to put the swords and shields down to see if there is a mutually acceptable path that is available for their family. In my opinion, mediation is usually the way to go.

Once you’ve had a consultation and decided on a particular mediator or mediation organization, the first mediation session is scheduled. You will provide some background and biographical information during this session and the mediator will review with you all of the information that is needed to fill out the required forms before you file your agreement with the court. Between sessions, you will be gathering information required necessary to fill out those required forms. During sessions, you present your agreed upon issues that may require little to no discussion. You will then highlight areas of disagreement that require discussion and resolution.

Once agreement has been reached on all the issues, the Mediator will prepare the financial affidavits, the Separation Agreement and the other required forms. Those documents will be filed with the court in the appropriate jurisdiction. you will be given a court date, either virtual or in-person, when your case will be reviewed by the Court and Judgment will enter.

Yes. Once your agreement and all necessary paperwork is filed with the Court, the Separation Agreement is an enforceable court order.

Yes. You can resolve your case through mediation regardless of whether you are represented by an attorney or representing yourself. You may also represent yourself during mediation and then have your own attorney review the agreement.

Whether you have assets of $1,000 or assets of $1,000,000, your case is given the same attention and expertise that is required to resolve the issues. If your case involves complex financial issues, such as business valuations and transfer of retirement accounts, we will utilize outside experts who have specific expertise regarding complex finances and valuations.

Yes. When you fill out your financial affidavit or statement, you swear that all the information you have provided is true and accurate to the best of your belief. The Courts require full financial disclosure and once the case is filed you are also subject to automatic orders that prohibit either party from making major changes financially or with respect to children. Suffice it to say that the court may take action if it is learned that a party has hidden, dissipated or transferred the family assets without agreement of the other party.

Yes. Disputes over family issues can sometimes be volatile and in many cases, emotions are running high. Parties are expected to be respectful during mediation and demonstrate that they are capable of working toward a common goal. When things get heated during mediation, a mediator can caucus with just one party if the other side agrees. That provides a space between the parties and the opportunity for one party to air their concerns.

Ct mediation center is staffed by highly trained, experienced mediators as well as a wonderful support staff that are available to answer all of your questions and take care of the preparation and filing of the documents required by the court. Once the case is filed, our office provides the oversight of your case until it goes to judgment.

I provide both remote and in-person mediation services in Massachusetts and Connecticut.