There are many differences between getting divorced through litigation in the courtroom and divorce mediation outside of the courtroom. Perhaps the greatest of these is the impartiality of the mediator. An increasing number of people are choosing divorce mediation in Avon CT because it is a shorter process that costs them less financial and emotional investment. Although the benefits of mediation are becoming better known, many people still don’t understand the process or how it works.
Hiring a Divorce Mediator
There are many so-called professionals out there who offer mediation services but lack the experience and legal knowledge required to get the best results. In Connecticut, mediators who are not admitted to the Connecticut bar are permitted to mediate divorce negotiations and reach a resolution. However, they are not permitted to draft a separation agreement for them. The most important step towards getting the best outcome from divorce mediation in Avon CT is to hire a skilled lawyer and mediator with in-depth knowledge and experience to assist you in every step of the process.
The mediator’s legal background should be strongly considered. Divorce centers around legal and financial issues that are different in each state. The more knowledgeable the mediator is about the laws related to every area of divorce, the better they will be able to negotiate a smooth process that will not result in complications once an agreement is reached. In addition, a mediator with a strong legal background prevents the need for hiring an attorney to attend the meetings for legal advice.
Role of the Mediator
The mediator facilitates the meetings between the two spouses. This is done in a peaceful environment outside of the courtroom in an atmosphere of respect. Both spouses are encouraged to participate in the process, making decisions based on moving forward without focusing on placing blame for the past. Regardless of the areas of disagreement between the two spouses, both have the same information on which to base decisions. The couple will use the meeting to discuss different factors of the divorce and possibilities for settling each. The mediator is there to provide information that will help them make informed decisions that are reasonable and fair to both sides.
The mediator does not make the decisions for the couple. Instead, he guides each party. The mediator does not represent one spouse, but works to help them reach an agreement that is right for them both.
Requirements from Spouses for Divorce mediation in Avon CT
- Willingness and ability to clearly define your needs
- To be open minded when listening to your spouse
- Continue to be respectful, even when discussing issues that are difficult or emotional
Both spouses retain control over their divorce and the final decision is not determined until both parties agree to it and sign. Once the signatures are in place, the mediation is binding. In some cases, an agreement cannot be reached. In this case, the couple can continue to litigation. However, most couples appreciate the advantages of mediation to the degree that they are willing to work at finding a resolution.
Length of Mediation
If there are no areas of strong disagreement, an agreement may be reached in no more than three or four meetings. In cases where there is a great deal of emotion and a lack of cooperation, dealing with the most controversial issues may take more. For divorce mediation in Avon CT, the law imposes a 90-day period to “cool off” before the final court hearing. This means that even though the mediation process is completed in a short period, the final court hearing will require you to go through an additional 90 day waiting period.
Advantages of Divorce Mediation
Lower Cost – A number of factors will determine the cost of mediation. Some mediators charge an hourly rate so that the number of hours spent in meetings will determine the final cost. The degree of services provided will also play a role in the cost. Regardless of the cost of the mediation process, couples can expect it to be significantly less expensive than a long divorce trial. This is especially true for those cases that take a long time to settle in litigation. This factor alone serves as incentive to many couples to make the effort to work out an agreement through the mediation process.
Greater Privacy – The hearings that take place in mediation include the spouses and the mediator. In litigation, the details of the marriage that led to the divorce are displayed in front of the entire courtroom. This puts the spouses in the position of airing emotional issues that only add to their negative feelings about the divorce. In addition, no one is forced to talk about any issue or reveal secrets that do not directly impact the terms of agreement.
Easier Process on Children – Mediation takes the confrontation out of the divorce process and helps parents work together. Most parents are concerned about doing what is best for the children. Unlike litigation, mediation does not put the children in the middle of the disagreements between the spouses. Instead, they can make decisions about the needs of the children and continue to work as parents although they are no longer a married couple.
Faster Resolution – Once an agreement is reached, the mediator will prepare the final agreement based on the terms that the spouses have agreed on. In spite of the 90-day cooling off period required for divorce mediation in Avon CT, couples can begin to move on with their lives once they have worked as a team to come to an agreement. Many couples who achieve a divorce through litigation find that moving ahead with their lives is not possible until the divorce has been settled. When there is a great deal of controversy, some lawyers believe that litigation is the best choice. Most professional mediators know that divorce mediation is especially effective in situations where conflict and anger can be eliminated and a faster resolution achieved.