Mediation is a useful way to address the main issues impacting a divorce before going to court. Through this form of alternative dispute resolution spouses can discuss personal matters in a private setting and attempt to reach an agreement.
Our divorce attorneys help you and your spouse find a mutually beneficial solution to your case. Call us today for more information about the role of mediation in a New Haven divorce.
The purpose of mediation is to help two parties identify their goals concerning marital dissolution. During mediation sessions, a lawyer can act as a neutral third party as spouses discuss issues such as division of assets and debts, alimony, custody, and child support.
Additionally, the mediator can assist two parties in drafting a divorce agreement that addresses the important issues in their case. Though a judge must approve any settlements, a legal professional can make sure the terms of the agreement adhere to local laws. The goal of mediation is to limit the time spent in divorce proceedings by helping spouses reach an agreement outside of court.
Spouses may engage in alternative dispute resolution at any time during the divorce process. Though judges may not directly encourage couples to meet with a neutral party, spouses can choose to do so on their own. If two parties have already started a contested trial, the judge may grant them time to negotiate a settlement outside of court by continuing the trial date.
In other situations, spouses may attend mediation sessions as their case is progressing through court. Though each party may already have independent counsel, they can still seek out a neutral person to help form an agreement.
The mediator may give a recommendation to the spouses, but they are not required to submit it to the court. The function of mediation remains the same regardless of when two divorcing spouses decide to begin the process.
The goal of arbitration is similar to that of mediation in that two parties might turn to an arbitrator for assistance in resolving a divorce outside of court. The main difference between these two forms of alternative dispute resolution is the finality of the neutral party’s decision.
During the arbitration process, each spouse presents evidence, and the arbitrator comes to final decision in the case. The arbitrator’s ruling on the division of assets, debts, and alimony is typically binding. These orders can be incorporated into the final divorce judgment.
It is important to note that custody and child support are not subject to arbitration. The arbitrator may only provide a recommendation that must ultimately be approved by the court. Though the process of mediation and arbitration are different, they serve similar purposes for divorcing spouses.
If you and your spouse are willing to work together to resolve your divorce, mediation may be a good option. A neutral attorney can help you see the other person’s point of view and reach a peaceful end to your marriage. If you wish to learn more about the role of mediation in a New Haven divorce, contact our firm today.
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