When a couple decides to get a divorce, they must figure out how they want to manage the process. In Connecticut, people can choose from litigated, collaborative, and mediated divorce. In many cases, a mediated divorce is the least expensive option.
When you are ready to proceed with a divorce, speak with a Southbury mediation lawyer. Our compassionate divorce attorneys can explain the advantages and disadvantages of mediation during divorce proceedings, and you can decide if it is right for you.
A mediation attorney is a lawyer with additional training in conflict resolution techniques. When acting as a mediator, a lawyer does not give legal advice to either party or predict how a judge might view a situation. The mediator does not encourage either side to change their position or adopt a certain strategy and does not offer legal advice or make decisions for the couple or either party.
The mediator’s role is to use their training in conflict resolution to help both people find common ground and reach a solution that works well for their family. We can ensure each party is heard and the other understands what they are saying, considering many couples stop listening to each other when there is long-term conflict. A mediator can help both spouses clarify their positions and recognize where they overlap with the other spouse’s position. Those areas of overlapping interests are where the couple can begin to build consensus.
A Southbury attorney conducting mediation can help the couple make progress toward resolving their issues to accomplish their divorce. The couple might require several sessions to reach an agreement or they might move quickly. Once they reach consensus the mediator will draft an agreement that each spouse should review with an independent divorce attorney before signing.
When a couple communicates well, trusts each other, and is on the same page on most matters, mediation before filing for divorce can streamline the legal process and save considerable expense. They could meet with a mediator to clarify and resolve any issues in dispute and then each have a lawyer review the agreements. The couple could submit their written agreements with the divorce filing, and their divorce could be final in a few weeks, often without a court appearance.
When a couple files for divorce before they agree on all relevant issues, they typically work to reach a settlement before the case goes to trial. Sometimes they decide to try mediation on their own initiative or their attorneys’ advice or a court orders them to go to mediation before it will schedule a trial. In any case, a mediated settlement is always desirable, as it is private, keeps the control in the couple’s hands, and is far less expensive than having a divorce trial.
A lawyer in Southbury can work with a couple hoping to pursue mediation. They can also help a couple trying to resolve their issues and avoid a trial. Some couples must try mediation more than once before they agree, but the advantages of such a settlement are so significant that anytime the couple can constructively engage in mediation is the best time to do it.
Mediation is an excellent option for many couples, but not all. An attorney in Southbury will typically screen candidates for mediation to ensure they are a good fit before offering those services.
Both parties must consent to the process. Although a judge can order a couple to try mediation, the court cannot force them to reach an agreement. When one spouse is determined to “win” or make the other spouse “pay,” reaching a resolution through this process is unlikely.
Mediators are trained to equalize power imbalances, so it could be productive even if one spouse is accustomed to dominating the other. These proceedings can help couples who do not communicate well learn how to be more effective communicators. However, if there is a history of physical violence, or if one spouse does not trust the other to be truthful, mediation might be unsafe or unproductive.
When you want a low-conflict divorce relatively quickly and inexpensively, mediation may be your best option. Mediation can also be surprisingly effective for couples involved in high-conflict, litigated divorces.
Talk to one of our Southbury mediation lawyers when you are deciding how to proceed with your plans for divorce. We can explain the process and help you determine whether mediation is the right strategy in your situation. Call today.
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