Mediation is a form of dispute resolution that keeps the decision-making power in the participants’ hands. A divorcing couple retains control over the outcome rather than granting a judge the ability to decide on the most personal aspects of their lives. Working with a Milford mediation lawyer is quicker, often less expensive, and always more private and civil than a litigated divorce.
Some couples know from the time they decide to divorce that they prefer mediation. Others go into divorce proceedings planning to fight, but a judge orders them to mediation before scheduling a trial. Once you agree to try mediation, a family attorney can direct an educational and non-confrontational process that empowers you to resolve disagreements.
Working with a mediation lawyer in Milford is much different than working with a divorce lawyer. A mediator has extensive training in remaining neutral and not favoring one party over another. The mediator does not give legal advice, although they can explain legal processes. The mediator typically sets the agenda for each meeting with input from the parties.
Each party must contribute in good faith during the process. A mediator can adapt their procedures if safety concerns or unequal power dynamics silence or impede a party’s expression. The parties might participate via video, sit in different rooms, or the mediator can impose ground rules allowing and encouraging each party to engage with the process. According to Connecticut General Statutes § 46b-53a, anything said in mediation is confidential.
Spouses who communicate well and desire to keep their split as amicable as possible often choose the mediated divorce path. It is also an excellent option for high net-worth couples and people in the public eye, as mediated divorces are more private than litigated divorces. Although mediation often requires several sessions with gaps of several weeks in between, it is typically much faster than divorcing through the court system.
Spouses can work with a mediation attorney in Milford who oversees discussions and keeps them focused on their goals. Depending on the couple’s circumstances and areas of disagreement, they might consult accountants, appraisers, business valuation experts, child development specialists, and other professionals to provide information and insight.
When the couple agrees on all matters relevant to their divorce, the mediator formalizes the agreement in writing. Each spouse should have consulting counsel trained in mediation review their agreement, and fully explain all legal implications before signing. If either spouse does not have a relationship with an attorney, the mediator will recommend legal professionals who review mediated divorce agreements.
Courts encourage, and at time require, a couple attempt to resolve their differences through mediation before proceeding with trial. Faced with an emotionally and financially costly trial, it is not uncommon for couples that have been trying to conclude their divorce for months via their litigation counsel to find success with mediation.
In many cases, a settlement is often stalled due to one or two crucial issues. Focusing on finding common ground on those issues can help the couple move forward. Redirecting the parties and having them focus on their interests as opposed to just their positions allows room for recognition that their respective goals are not as incompatible as they had thought. A lawyer in Milford understands the mediation process and its benefits.
Mediation is a non-confrontational and empowering way to resolve disagreements. It can be a great help for couples seeking to dissolve their marriages while salvaging their relationships post-divorce. Mediation can help a couple prepare their divorce agreement privately. Contact a Milford mediation lawyer if you and your spouse are ready to work out your differences amicably and productively.