Couples contemplating divorce may wish to consider divorce mediation as an alternative to the traditional court-based litigation model. If you and your spouse are willing to negotiate fairly — and neither of you feels there is an extreme imbalance of power in the relationship — mediation may be right for you.
In divorce mediation, the divorcing couple utilize the shared services of a neutral mediator. In Connecticut Divorce Laws, if that mediator is a Connecticut divorce lawyer, she does not counsel either party separately and does not give either party specific legal advice. Rather, she advises them of the statutory and procedural requirements and guides them toward reaching a resolution that will be acceptable to a judge. Each of you are encouraged to retain review counsel to consult with in the process and review any agreement reached prior to signing said agreement.
The neutral mediator’s job is to assist the divorcing couple in negotiating a fair and equitable separation agreement that must ultimately be approved by the judge who will grant the divorce decree. As with all divorces in Connecticut, the Superior Court has jurisdiction over a mediated divorce.
Both parties agree to exchange the required documentation in a timely fashion and they agree not to withhold information from the mediator.
The mediator will assist the parties to evaluate the assets and liabilities of the couple in order to assist them in coming up with a fair division of assets and marital debt.
If the couple have minor children, the mediator will assist the couple in devising a workable parenting plan that includes such important issues as child custody and visitation, child support, medical insurance and educational support.
When necessary, the mediator may recommend the services of other shared neutral financial professionals (such as an accountant or pension attorney) to evaluate the marital assets.
Each party to the mediation may retain independent legal counsel to advise them of their legal rights and to review the separation agreement at any phase of the negotiations.
If the parties cooperate fully, mediation can be far less expensive and far less time consuming than traditional court-based litigation.
For more information on divorce mediation, contact a Connecticut divorce attorney at Gryk & Frolich LLC.
You might also be interested in:
- Child Support: Parental Roles
- Child Support Guidelines
- Collaborative Divorce
- Legal Annulments
Disclaimer: The information presented here is only meant to offer a brief guide to alternative dispute resolution of divorce issues in Connecticut. It is not and should not be construed as legal advice and does not form an attorney/client relationship. Questions about your individual circumstances should be discussed with a licensed attorney. A Connecticut divorce mediation attorney at Gryk & Frolich LLC is available to assist you in your legal matters.