Connecticut Divorce Mediation Lawyer
Understanding Alternative Dispute Resolution & the Mediation Process
In mediation, the spouses reach a mutual resolution. While you probably won't get all of what you want, neither will the other person. Mediation is about compromise and cooperating to settle on a set of agreements that will be approved by the family law court. The goal is to avoid costly and drawn-out adversarial litigation so that both parties can put the divorce behind them and move on with their lives.
When spouses who are headed towards divorce are committed to reaching an amicable agreement without court intervention, mediation is often the most effective strategy for approaching the case. In mediation, the attorney acts as an impartial third party who serves to assist the spouses in working out all child custody and visitation issues, financial issues including child support and spousal support, and property division based on both parties' needs and desires.
The point is for both of you to have ownership of the process, and in doing so, come up with an agreement you can both live with comfortably. Rather than leaving the terms of your divorce up to the arbitrary dictates of the family law judge, you and your spouse maintain control of the process. While the final terms may not be 100 percent in alignment with your wishes, you at least played a primary role in reaching the settlement agreement.
Speak to a divorce lawyer at the firm to learn more about how we can assist you in mediation.
Mediation Is Beneficial for the Children
Mediation also greatly benefits your children as it helps to prevent heated custody battles, thereby minimizing the emotional trauma to which your children might otherwise be subjected. Throughout the alternative dispute resolution process, you and your spouse will decide what is best for your children by working together to reach a joint decision. Divorce mediation can take the place of going to court before a judge and having him or her decide the matter.
Because both parties are cooperatively trying to work things out, divorce mediation is almost always faster and less expensive than going the route of litigation. Furthermore, the skills learned during mediation often lay the groundwork for a future relationship of respect and cooperation..
Other Common Questions About Mediation
- What can a divorce mediator do for you? - Divorce mediation is becoming a widely accepted practice in Connecticut. With an experienced mediator's help, you can work through all the issues you need to resolve, including a division of assets, agreeing on a parenting plan, and debt distribution, thus eliminating a costly and emotionally tolling divorce. Attorneys who practice mediation adopt different styles of mediation, although the goal is the same no matter the style - settlement.
- What should a person expect from a divorce mediator? - An experienced mediator remains neutral between spouses. That means the mediator can't give advice to either party and also cannot act as a lawyer for either party. What a mediator can do is to point out in open session to both spouses things that each of them should be aware of concerning what they're trying to accomplish. That open exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both parties.
- Can we still mediate even if we have attorneys? - Some couples agree to mediate even though they have attorneys representing them as well. You are welcome to bring your lawyer to mediation, or you can use your lawyer as an advisor between sessions.
- Can I force my spouse to mediate? - Mediation is voluntary. It continues only for so long as all three of you - you, your spouse, and the mediator - want it to. You or your spouse can withdraw from mediation at any time, for a good reason, a bad reason, or no reason at all.
- Does mediation really work? - In a word, yes. Years of research have told us that couples who mediate their divorce are much more likely to have satisfaction with the divorce process and the results than an adversarial couple. Not only is mediation less expensive and less time-consuming, but couples are less likely to return to court later. The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. The sooner your divorce can be resolved, the sooner you can move onto the next phase of your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce.
- What if mediation does not work? - Choosing divorce mediation does not mean that you give up your right to go to court. If you decide that mediation is no longer right for your situation, you can stop at any time, retain a separate attorney and proceed with the traditional litigation process.
Why choose Happy Even After for mediation?
Happy Even After recognizes that not every case is ripe for mediation. When mediation is a possibility, however, we are passionate about the task at hand. We take an integrated approach to mediation by using neutral professionals such as clinical psychologists or financial analysts when appropriate.
Our attorneys are certified and trained mediators and are active members in the Connecticut Council for Non-Adversarial Divorce and the Association of Family and Conciliation Courts. We believe strongly in the benefits of mediation and strive to remain educated and up-to-date on the newest techniques, news, and advancements in this area of the law.
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