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Lokvani Talks To Patricia Lennon

Ranjani Saigal
01/25/2006

Attorney Patricia Lennon, of Counsel with Miller, Patel & Donabed, LLP Patricia received her Bachelors of Arts in Psychology from Boston College and her J.D. from the Massachusetts School of Law, Boston. Her practice areas include,  Divorce contested and uncontested, Accusations of Abuse or Neglect of children, Care & Protection cases in the juvenile and district courts, Department of Social Service Investigations, Termination of parental rights - juvenile, district and probate & family courts, Guardianships of minors, Custody & Visitation, Adoptions, Paternity, Child support, Restraining Orders, Contempt and Modification actions in the Probate and Family, and Criminal Defense in the District Courts

In addition to representing individuals, Attorney Lennon also handles Family Law disputes through mediation. Attorney Lennon will make sure that confidentiality is maintained throughout the mediation process, she will communicate with each party, and she will be sure that each party’s desires are reflected in any resulting agreement. Attorney Lennon’s goal is to guide the client through the court process as quickly and efficiently as possible. 
Attorney Lennon is a certified Mediator under Rule 8 of the Uniform Rules of Dispute Resolution  which includes the Confidentiality Statute for Mediators which mandates that the mediation process is confidential and not subject to disclosure in any judicial or administrative hearing.  .

To contact Attorney Lennon, please call the law offices of Miller, Patel and Donabed at (617) 367-6750 or visit their website at http://www.mpdattorneys.com

Why did you decide to join Miller, Patel and Donabed, a law office that has a significant South Asian Clientele?

I really enjoy working with people from different cultural backgrounds. I have known Seth Miller and Trupti Patel for a long time.  In addition to litigation I also am certified for mediation. Trupti and Seth felt my approach towards family law practice would work very well for their South Asian and other clients where divorce is a highly sensitive issue. For South Asians it is very often tied in with immigration as well. I felt this merger of immigration and family law was perfect and I look forward to working with South Asian clients. 

What is mediation? When should one choose mediation over litigation?

Mediation is a process of facilitating a negotiated settlement between the husband and wife. It is a process that allows the couple to take control of their divorce.  In my role as a mediator I try to understand the needs of both parties and then formalize their needs and wishes into a divorce agreement.  If an agreement is reached between the parties, I can also prepare and file all of the necessary documents needed to file a joint petition of divorce with the Court to obtain a divorce judgment for the parties.  You can consider my role as a one-stop process which means I can act as a mediator to negotiate a settlement and if a settlement is reached I can act as an attorney to prepare the necessary documents to be filed with a joint petition.

I think mediation is for everyone.  It is a process that helps open up communications that have broken down.  While divorce is never easy, mediation empowers a couple to take charge of their own destiny rather than leave it in the hands of a judge.

As a mediator, I may provide suggestions like marriage counseling and psychological help if the parties agree that it may help their situation.  Sometimes this may lead to the parties reconciling their differences and not proceeding with a divorce.  I would consider this a success of mediation.  I work very hard to understand the needs of both parties and work on opening up the lines of communication.

Mediation may hit an impasse for some couples, where both parties are unable to agree on certain issues. In that case, litigation may be necessary. As a mediator I cannot represent either party if the matter becomes contested.  At that point, the parties would be encouraged to seek legal representation and begin the process through the court system.

How did you develop an interest in mediation?

My undergraduate degree is in Psychology and I have always had an interest in helping people with their problems.  Mediation is a process where I can use my background in psychology as well as my law degree, if necessary.  There are mediators that have only a mental health background and if an agreement is reached, the parties would have to go to a lawyer to prepare the necessary documents.  My practice merges the mediation process with the legal process, in that, if the parties reach an agreement, I can finalize the matter for them in its entirety.  Mediation allows me to use my legal training as well as my psychology training.  It doesn’t hurt to have couples begin with mediation first because at the very least, it allows the couples to communicate in a safe and helpful environment.

Besides, mediation and litigation are there are other options open to couples?

Yes, there is alternative dispute resolutions (known as ADR).  ADR is a process in which a neutral third party is engaged to assist in settling a case or otherwise disposing of a case without a trial.  The different types of ADR are arbitration, mediation, case evaluation, conciliation, dispute intervention, early neutral evaluation, mini trial and summary jury trial.  As part of my family law practice, I offer mediation which is a voluntary, confidential process in which a neutral is invited or accepted by disputing parties to assist them in identifying and discussing issues of mutual concern, exploring various solutions, and developing a settlement mutually acceptable to the disputing parties. If the parties are interested in the other types of alternative dispute resolutions, they can obtain information through the court.

In terms of cost, is mediation less expensive?

More often than not it is. Typical mediation takes 12-15 hours of a mediator’s time unlike litigation which can run into a lot of hours and money for each party.  In my practice, I will meet with the couple in two hour slots and hopefully within 6 or 7 sessions, an agreement can be reached.

I would like to present a few scenarios we often hear about in the Indian American community. Could you suggest actions to be  taken in each of these cases?


1. One party is being abused

If a party is being abused, I would strongly suggest that they either call 911 if the situation requires immediate attention,
or they can got to the Court, either District or Probate Court, and obtain a restraining order.  The standard in granting a restraining order is whether or not the party is  in imminent danger of being physically harmed.  If the party goes to the police station, the police will direct the party to go to the Court if the Court is opened, or if the Court is not opened, there is an emergency judge on call whenever the court is not open.  The police would contact the emergency judge and most likely the order will be issued temporarily.  The party would then have to appear in the designated court on the first day that opens for business in order to extend the restraining order.  To get a restraining order, you do not have to be married to the other party. You can be a blood relation, living together, be in a significant dating relationship or have had a child with that person.  A restraining order will require the alleged abuser to leave the premises immediately. A restraining order may also order the alleged abuser to remain a certain distance from the victim, remain away from the victim’s employer, not contact the victim, order custody of any children to the victim, and in some cases order the alleged abuser to pay support to the victim.  As long as the party is not in imminent danger of harm, I would strongly suggest that the victim of alleged abuse contact an attorney to be represented during the proceedings.

2. The party abused is dependent on the abuser for immigration purposes or has some immigration problem.

If there is imminent danger one must call 911. There is absolutely nothing wrong in doing that. No one will be thrown out of the country by calling 911. If there is no immediate danger and one is being abused verbally or immigration status is used as a threat, I would urge you to call an immigration attorney and a family law attorney.  There are many things that can be done. Law offices like ours that has both immigration and family law practice can provide the right guidance.

3. The party who wants a divorce has no money to pay a lawyer and is dependent on the other party for all their needs.

I would urge you to call the law offices. In certain cases, there you can ask the Court to have the other party pay for your attorney’s fees.  It is done on a case by case basis and it would depend upon the circumstances.

4. Someone has been wrongfully accused of being an abuser.

If the court issues an emergency restraining order against a person, the alleged abuser and the victim should immediately contact a lawyer. After the emergency restraining order is issued, the alleged abuser is served with the order which includes the next hearing date which usually is within 10 days.  I have found it is most helpful to have legal representation at the 10 day hearing.  If the court believes the victim, the order can be extended for a year which is a long time.  Accusations of abuse are often used strategically and it is important to defend the accusations with legal counsel.

Family law practice is often seen in a negative light. Would you encourage young people to take this up?
 

Divorce is a sensitive issue. I sincerely feel I am improving people’s lives through providing services such as mediation so that they are able to make decisions that are right for them. I enable opening the lines of communication between couples and that gives me a great deal of happiness. I think it is a great avenue for lawyers who want to help parties who are in a very emotional and delicate state of mind.


Thankyou for your time.

Thank you

 

 

 

 

 

 



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