Mediation is a very attractive way to resolve a divorce quickly. Mediation is cheaper, faster, and less stressful than litigation in many cases.
According to Connecticut law, courts may distribute marital property in any manner they see fit. The intended goal of this type of property division is an equitable outcome. However, in highly contested divorces, you face the possibility of losing a substantial amount of your property.
Benefits of mediation
Divorce mediations save time and money. In addition, the mediator is a third party who has no interest in the outcome of either party. Though, in theory, the court system is objective, they still are susceptible to a convincing argument from your spouse’s attorney. Not only that, but mediations occur in a private setting. No public records exist of the court process, and you do not have to worry about the details of your divorce being a public affair.
Potential pitfalls
However, mediation is not for everyone. Previous conduct does not influence the negotiations. This means if one spouse were abusive or otherwise dishonest, the mediator would not consider that for their property division. The goal of mediation is a fair division of marital property on a level playing field. Finally, mediations do not involve a period of discovery in their process. This means it is easier for your spouse to hide their assets before the negotiations begin.
Uncontested and mediated divorces are a more attractive and cheaper option in theory. Unfortunately, in practice, not everyone is in a situation that allows for an amicable divorce. Consider your options carefully before you make a decision.
