The Role of Mediation in Connecticut Divorces: What You Need to Know
Freed Marcroft Divorce and Family Law
Divorce & Family Lawyers help people end unhappy marriages and create better lives.
Divorce can be an overwhelming and emotionally charged process, but there are ways to make it smoother and less contentious. One of the most effective methods is mediation. In Connecticut, mediation offers a structured and cooperative approach to resolving divorce issues. This blog will explore the different types of mediation, its benefits, and the role of mediators in the divorce process.
What is Mediation?
Mediation is a process where a neutral third party, known as a mediator, helps divorcing couples reach an agreement on various issues. The mediator is usually an experienced divorce attorney who understands the legal intricacies of divorce but does not act as a lawyer for either party. Instead, the mediator facilitates discussions, helps identify issues, and guides the couple towards mutually agreeable solutions.
Types of Mediation in Connecticut
Comprehensive Mediation
The most common type of mediation in Connecticut is comprehensive mediation. This involves the entire divorce process being handled through mediation. Couples retain a mediator to assist them in resolving all the issues required for the court to grant a divorce. This includes decisions about property division, alimony, child custody, and support. Once an agreement is reached, it is submitted to the court for approval.
Mediation During Litigation
The second type of mediation occurs during divorce litigation. Although less common, it is used as a tool to resolve specific issues that arise during the litigation process. By using mediation, couples can address and settle these issues outside of court, potentially avoiding a trial. This form of mediation can expedite the divorce process and reduce the costs associated with prolonged litigation.
Is Mediation Required in Connecticut?
Unlike many states, Connecticut does not require mediation as a prerequisite for divorce. In several states, courts mandate that couples attempt mediation before proceeding with their divorce. In Connecticut, however, mediation is voluntary. Couples choose to engage in mediation because of its benefits, not because it is legally required.
The Benefits of Mediation
Cost-Effective
Mediation is generally less expensive than going to court. The costs associated with court hearings, legal fees, and prolonged litigation can add up quickly. Mediation helps reduce these expenses by providing a faster and more streamlined process.
Time-Saving
Divorce cases that go through the court system can take months, if not years, to resolve. Mediation can significantly reduce the time it takes to reach a final agreement. Couples who mediate their divorce often find that they can resolve their issues in a matter of weeks or months.
Control Over Outcomes
Mediation allows couples to retain control over the decisions that affect their lives and their children's lives. Instead of leaving the outcomes in the hands of a judge, couples work together to create solutions that work best for their unique circumstances.
Confidentiality
Mediation sessions are private, unlike court hearings, which are typically open to the public. This confidentiality can help protect the privacy of both parties and their children, making the process less stressful and more dignified.
Reduced Conflict
Mediation promotes cooperation and communication, which can reduce the adversarial nature of divorce. By working together with a mediator, couples can address their issues in a more amicable manner, which is especially beneficial when children are involved.
The Role of the Mediator
A mediator's primary role is to facilitate discussions between the divorcing parties. They help the couple understand the issues that need to be resolved, such as property division, alimony, and child custody. The mediator guides the couple through the negotiation process, helping them reach mutually acceptable agreements.
It is important to note that mediators do not provide legal advice. They do not act as attorneys for either party. Instead, they provide legal information to help both parties make informed decisions. To ensure that the agreements reached are fair and legally sound, each party should have their own mediation review counsel. This is an independent attorney who reviews the mediated agreement and provides legal advice tailored to their client's best interests.
Steps in the Mediation Process
Why Choose Mediation?
Mediation is a valuable tool for couples who want to maintain control over their divorce process. It allows for more personalized solutions that are tailored to the unique needs of the family. Additionally, mediation fosters a cooperative environment, which can be particularly beneficial when children are involved, as it sets a positive tone for future co-parenting.
Success Rates of Mediation
At Freed Marcroft, we are committed to ensuring that our clients are good candidates for mediation before proceeding. This careful selection process contributes to the high success rates of our mediations. Approximately 90 to 95 percent of our mediations result in the resolution of all issues, leading to court-approved divorce agreements.
Want To Know More? Schedule a Consultation with Freed Marcroft
Mediation offers a less contentious, more cooperative approach to divorce that can save time, reduce costs, and minimize stress. By understanding the types of mediation available and the role of a mediator, you can make informed decisions about your divorce process. Contact Freed Marcroft today to schedule a consultation and learn how we can support you through this challenging time.