Creating a settlement through divorce mediation in CT
Mediation is a civil alternative to traditional court litigation and may be advantageous for some couples going through divorce.
It is fairly common to hear of couples filing for divorce in Connecticut and across the U.S. Statistics reported by the Centers for Disease Control and Prevention reported that more than 50 percent of all marriages in the country end in divorce. Needless to say, there are many ways to create a divorce settlement when filing for marriage dissolution. Some couples may have too many heated emotions invested in the relationship and are best suited to litigate the details of their divorce settlement through personal lawyers. There are, however, other options for people who wish to take a more civil path to designing a decree that works best for everyone involved.
The mediation process
Rather than putting the details of a divorce settlement in the hands of a court-appointed judge, mediation allows a couple to discuss and finalize the terms of their own decree. Each party should be prepared to resolve important issues, such as property division, parenting times, child support and alimony. A mediator monitors the negotiations process, answers any legal questions either party may have and ensures that the settlement is ready to submit to the courts for approval. An attorney is required to submit the final settlement.
Advantages to mediation
When compared to traditional court litigation, mediation offers several benefits for couples who are filing for divorce. According to the American Bar Association, mediation allows couples to:
- Create a settlement faster: In some cases, couples can complete a settlement within one or two mediation sessions. This is significantly faster than the months or even years that it can take to complete a divorce through the courts.
- Save money: Since mediation takes place outside of the court system, there are no court costs.
- Retain a positive relationship: Couples who must co-parent or run a business together following a divorce are often able to remain more positive toward one another after going through mediation. Court litigation has a tendency to bring about harsh feelings, which could damage the long-term relationship.
- Stay in compliance with the terms of the settlement: Studies show that people are more likely to comply with the rules of the decree if they help to create those terms.
Rather than fight with one another regarding who gets what, mediation focuses on benefiting everyone who is involved, especially children. The non-confrontational atmosphere is also conducive to the negotiations process.
Where does an attorney come in?
Although an attorney is not present during the mediation sessions, many people choose to speak with a divorce attorney before, during and after the mediation session. You will want to make sure that you are getting everything that you are entitled to in the divorce settlement. A Connecticut lawyer may offer helpful suggestions when it comes to the negotiations process, and offer personalized legal help during this difficult and emotional time.