Connecticut couples who are going through a divorce may find that working out the terms of the divorce can create arguments that not only financially drain both individuals but also create emotional strain. In some cases, couples who are having trouble with property division, child custody or alimony may be able to work out agreements through mediation.
In most cases, the court either refers a couple to mediation or the two individuals decide to mediate. Once a mediator is chosen, the mediator can help both parties work toward an agreement by exploring the different options that they have available. There is usually very little to no preparation prior to mediation as there is no formal discovery. In the event that the two individuals cannot meet due to hostility, the mediator will separate both individuals and move back and forth between them.
While divorce mediation is not for everyone, there are a number of advantages for those who go through this process. For example, mediation allows both individuals to determine the details of their divorce while keeping their expenses down. Additionally, this process helps the couple work out problems with the help of a professional, which could prevent future disagreements regarding the divorce. Mediation is particularly useful if the couple is trying to determine child custody, as the couple has access to conciliation, conflict resolution and other similar services.
Depending upon the specific circumstances of the case, the parties may or may not reach an agreement during mediation. If they do not reach an agreement, an attorney could advocate on behalf of one of the spouses should the divorce case proceed to trial. The attorney could also provide representation during mediation.
Source: Findlaw, “Divorce Mediation – Overview“, August 13, 2014