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Mediation is a non-adversarial process that helps resolve many types of civil cases, including those involving spouses in a case of divorce.
A private mediation always requires both parties to agree with the presence of a neutral third-party professional or mediator. You can discuss the most complicated issues that occur as a result of a divorce, like child custody, division of property, and alimony.
According to a report, mediation helps settle 75% of cases that end in a mutual divorce. If you’re undergoing a divorce and prefer mediation, here’s how you can start.
In this article, we will discuss what divorce mediation means and everything you must consider for filing a request for mediation in Connecticut.
Divorce Mediation in Connecticut
The divorce rate in the U.S. is approximately 2.5 per 1,000 population.
Though the default process for any divorce is litigation, both mediation and collaborative divorce have become viable options for spouses. Divorce mediation can certainly keep your private life out of the courtroom.
Both parties collaborate in the presence of a mediator to ensure all proceedings are kept confidential. The mediator primarily provides legal support and assistance with paperwork and filing a mutual agreement to initiate the divorce procedure.
In a divorce mediation, both spouses can discuss and resolve issues on essential subjects to minimize emotional and financial stress. But not every case is ideal. Divorce mediation can either be the first option in a divorce or secondary in litigation.
Common divorce mediation formats include:
- A fully mediated divorce where, together, you can work with an experienced family lawyer to oversee the mediation and divorce proceedings
- A partially mediated divorce where mediation occurs within a traditional litigation case and is only used to break a deadlock between the parties
- A represented mediated divorce where both spouses seek a settlement with a mediator but will work under two independent lawyers for the case
What Does Mediation Resolve in Family Court?
Divorce mediation helps resolve family issues like child custody, post-divorce finances, alimony, child support, and post-divorce parenting rights.
Most family courts use mediation as a means to resolve a dispute before taking the case to court, and that often requires a higher jurisdiction. This is because the process may not always end with a peaceful settlement or resolution.
If there’s any change in the status quo while the mediation is ongoing, it can result in a litigation. Whether the divorce is court or lawyer-mediated, there are certain protections offered by Automatic Orders.
Automatic Orders protect the laws behind your marriage conventions, like providing financial support for children. Such divorce actions require a formal submission by an authorized legal representative and need to be filed with the Connecticut Superior Court.
When you file a divorce action before initiating the mediation process, you’ll trigger Automatic Orders that help safeguard your mediation case.
What Happens in Divorce Mediation?
Divorce mediation is a private and confidential affair that occurs in an informal setting, sometimes virtual, between the spouses in the presence of a mediator. In this meeting, both spouses will express their issues and confront common problems without having to make a court appearance.
A mediator will use conflict resolution tactics to resolve family matters like child support, custody, and property division. The mediator will not force either of the spouses to sign any formal or written agreement without their consent. The main goal is to provide both parties with mutually acceptable solutions.
The spouses can learn more about the mediation process but cannot extract legal advice from their mediator. As such, you can hire a mediation lawyer to assist you with the case. A mediator can recommend additional help from professionals. They will also oversee the paperwork required for filing the divorce.
There are certain steps involved in a divorce mediation.
Preparing Both Parties for Mediation
Before mediation takes place, the mediator will meet both parties separately or together and provide information about all the steps involved in the mediation process. This is the stage where both parties can ask questions and clarify their doubts regarding the case. The discussion can either be face-to-face or virtual.
Taking Legal Consent for Mediation
The opening statement of a divorce mediator will often include an introduction that clarifies their role as the mediator. The mediator will also ask both parties for consent, documenting if they agree to the process or not. If both spouses disagree with the steps involved in a mediation process, then the court can issue cost sanctions.
Discuss the Statement of Problem
The mediator asks both parties to present their problems in their opening statements, which can include conflicts about child support fees, property division, and more. This allows both parties and the mediator to have a clear understanding of the situation. It also ensures there’s complete transparency between the spouses.
Enter a Joint Discussion With the Spouses
The mediator is responsible for resolving issues of spouses involved in the divorce. To get more information, a joint discussion is held where the mediator asks relevant questions from the spouses. This allows the mediator to prioritize issues that need immediate resolutions, like the type of child custody involved.
Conduct a Private Discussion With Each Spouse
Once the joint discussion is over, each party is given the opportunity to discuss their concerns independently with the mediator. This private discussion is crucial, as it helps prepare both parties for negotiation. You can work alongside an experienced mediation lawyer for better solutions, like finalizing the divorce with a settlement.
Start the Negotiation Process Outside Court
In this stage, both parties will negotiate their demands until they reach a settlement. This settlement amount must be acceptable to both parties. The mediator can provide a mutually acceptable solution that is in the best interests of both spouses. If the negotiation fails, the case will then be sent to Family Court for a trial.
Signing the Agreement and Filing It in Court
Assuming both parties agree to the settlement in a divorce mediation, the mediator will then prepare the paperwork for a final agreement. The agreement will include all the terms and conditions agreed upon by both parties involved in the divorce. Once both parties have signed the agreement, the mediator will provide a closing statement.