Divorce is challenging, emotionally and financially. Mediation can help alleviate both of these stressors.
The benefits of a Connecticut mediation lawyer are apparent when the divorce resolves more quickly and peacefully and both parties meet their most important goals. Contact our hardworking mediation attorneys to learn more.
Divorce mediation is a facilitated negotiation between two spouses. The facilitator is the mediator, often a lawyer with additional training in mediation techniques.
One benefit of a mediation attorney in Connecticut is that they do not represent either party. Instead, they maintain neutrality and help the parties find common ground. They use their training to guide the parties through the legal process and ensure that any agreements they reach satisfy statutory requirements.
All sessions with the mediator typically involve the participation of both parties in order to maintain transparency and neutrality, although under certain circumstances and for good reason, individual sessions may be accommodated. Couples with a history of domestic violence, extreme power imbalances, or who do not communicate constructively may not be good candidates for mediation.
Some couples use mediation before they file divorce papers. If they can reach agreements on property division, alimony, child custody, and support, they can apply for an uncontested divorce. The couple would file their agreements with their petition for divorce, and if the judge finds that their agreements are fair, and those relating to children serve the children’s best interests, they could have their final divorce decree within a few weeks.
Other couples work with a mediator after the divorce has been initiated in court. While mediation is not required in a litigated divorce, like it is in some states, Connecticut law does require parties to meet with the family relations office to explore whether mediation with one of their officers or some other court service can assist in resolving the case. Judges often advise spouses and their lawyers to try mediation before scheduling a divorce trial. Where both parties agree, their lawyers will engage a mediator, often a retired judge, who will assist the parties in negotiating outstanding issues in an effort to arrive at a comprehensive agreement to submit to the court.
One of the primary benefits of mediation is that it keeps control of the outcome in the hands of the parties. The couple can make decisions that are tailored for their family rather than leave it to the judge who does not have a deep understanding of their goals to determine how custody should work and whether their property is ultimately divided.
For example, Connecticut law does not make a sharp distinction between marital property and separate property. When a couple mediates a property settlement, they can allocate property to each spouse based in part on whether a spouse owned it before marriage or inherited it during the marriage. A judge need not recognize those distinctions when dividing a couple’s property.
A Connecticut couple also benefits from protecting their privacy by using a mediation lawyer to settle a divorce. Connecticut General Statutes § 52-235d prohibits anyone involved in the mediation from disclosing information or evidence presented during the mediation, except in very limited circumstances. Divorce trials, however, are a matter of public record.
Getting a divorce often leaves a spouse feeling untethered and out of control. A mediated divorce can help you regain a sense of empowerment.
The benefits of a Connecticut mediation lawyer are numerous and include more privacy, lower cost, and resolving your divorce more quickly. Contact our offices today to learn more.
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