Going through a divorce is a difficult emotional process, though it can be made easier if you can resolve your issues outside of court. Mediation is a type of alternative dispute resolution where two parties seek to reach an amicable agreement without court intervention.
A Guilford mediation lawyer can serve as a neutral party during negotiations with your spouse. By working with a trustworthy divorce attorney, you can make sure your rights are respected. If you are seeking an amicable and fair resolution of your case, reach out to a legal professional as soon as possible.
Mediation is among the most popular forms of alternative dispute resolution (ADR). As part of the mediation process, the parties, with the assistance of a skilled attorney-mediator, meet and discuss the contested issues in their case. The involvement of a mediator, who acts as a neutral third party in these sessions, can facilitate productive discussions and assist the parties in bridging any disagreement they have on issues central to their divorce or other family dispute.
Once an agreement is reached, the mediator will draft up the final divorce agreement that articulates the terms of the parties’ settlement, as well as prepare all other pleadings and forms needed to have the divorce filed and approved by the court. The mediated agreement is a legally binding contract, and once entered as a court order, both parties are obligated to abide by it or face possible court sanctions.
Instead of spending substantial sums on court costs, depositions, and contested litigation, through mediation spouses and parents can preserve the marital estate to benefit themselves and their children. Additionally, rather than waiting weeks or even months for court hearings, the parties can control the mediation schedule, enabling them to resolve their issues much more quickly.
When two spouses attempt mediation as opposed to handling their divorce exclusively through litigation, they can save money. There are many costs associated with a lengthy court process, including filing fees, expert fees, discovery costs, and attorney’s fees. If two parties can resolve at least some of their issues through mediation, it can save them money.
Divorce can be a traumatic experience for children, especially if they are young. Parents who do not want to involve their kids in the contentious court process might agree to resolve their issues without litigation. Mediation can prevent some of the heated custody battles and give children much-needed peace during a stressful time.
Additionally, mediation gives parents more control over the outcome of the divorce in terms of custody, visitation, and child support arrangements. Divorcing spouses in Guilford should speak to an attorney to learn how mediation can be useful in their specific situation.
With mediation, parties can address all issues concerning their divorce, including:
Importantly, mediation offers parties the opportunity to have direct input in crafting the terms of their divorce judgment, and thereby create an individualized document that addresses all their specific concerns. Whether this is devising a very intricate parenting plan, or putting in place specific tax or life insurance arrangements, parties are empowered to agree on terms that best suit their family’s needs post-divorce.
Connecticut General Statutes §46b-53a establishes the right for divorced parties to utilize mediation services in resolving their divorce. The statute also codifies the rule that any oral or written communications made to the mediator or each other during the process shall be privileged and inadmissible as evidence. Therefore, neither party can use the information they obtained during the mediation process against the other party in any future court proceedings.
The mediator-attorney will typically also require the parties to sign a confidentiality agreement before starting any discussions or exchanging any information. Under the agreement, each party is prohibited from disclosing any information they obtain during the mediation process with any third parties. A knowledgeable lawyer can further explain the benefits of the mediation process, including that Guilford parties can negotiate disputes freely and openly without fear of unwanted consequences.
Mediation is a process whereby parties can control the settlement of their divorce case and resolve all issues relating to their children’s custody and support. If you are considering ADR, schedule a consultation with a seasoned Guilford mediation lawyer today. Our legal team is well-versed in alternative dispute resolution and will effectively guide you to a civil resolution of your case.