FAQ

1. What is divorce mediation?

Divorce mediation is a process where a neutral third-party mediator helps divorcing couples reach an agreement on various issues, such as property division, child custody, and support, without going to court. The mediator facilitates communication and negotiation to ensure both parties can amicably resolve their differences.

2. How does divorce mediation differ from traditional divorce?

Unlike traditional divorce, which involves litigation and court proceedings, mediation is a collaborative and non-adversarial process. It allows couples to work together to reach mutually agreeable solutions, often resulting in a faster, less stressful, and more cost-effective divorce.

3. Is mediation mandatory in Connecticut?

Mediation is not mandatory in Connecticut, but many courts encourage or recommend it as an alternative to litigation. Some couples may also be ordered by the court to try mediation before proceeding with a contested divorce trial.

4. Who can benefit from divorce mediation?

Divorce mediation is beneficial for couples who are willing to work together to reach an agreement, even if they have some disagreements. It is particularly helpful for couples who want to avoid the emotional and financial toll of a contested divorce and prefer a more private and confidential process.

5. What issues can be resolved through mediation?

Mediation can address all aspects of a divorce, including division of assets and debts, child custody and visitation, child support, alimony, and any other issues specific to the couple’s situation.

6. How long does the mediation process take?

The length of the mediation process varies depending on the complexity of the issues and the willingness of both parties to negotiate. Some cases may be resolved in a few sessions, while others may take several months. On average, most mediations are completed within 8-12 weeks.

7. Can we still have our own attorneys during mediation?

Yes, each party can retain their own attorney to provide legal advice throughout the mediation process. Attorneys can review agreements and ensure that their client’s rights are protected. However, the attorneys do not participate in the mediation sessions unless requested by the clients.

8. What happens if we can’t reach an agreement in mediation?

If mediation does not result in an agreement, the couple can pursue other options, such as collaborative divorce or litigation. Any agreements reached during mediation can still be submitted to the court, and the unresolved issues can be decided by a judge.

9. Is the agreement reached in mediation legally binding?

Yes, once both parties have reached an agreement and it is documented, the mediator will draft a settlement agreement. This agreement is then submitted to the court for approval. Once approved by the court, it becomes a legally binding divorce decree.

10. Is divorce mediation confidential?

Yes, divorce mediation is a confidential process. Discussions and negotiations that occur during mediation cannot be disclosed in court if the mediation fails. This allows couples to speak openly and honestly without fear that their words will be used against them later.

11. Can we mediate if we have complex financial assets or high conflict?

Yes, mediation can still be effective for couples with complex financial situations or high conflict. The mediator is trained to handle difficult conversations and help both parties focus on finding solutions. In cases with significant assets, financial experts may be brought in to assist.

12. How do we choose a mediator?

When choosing a mediator, look for someone with experience in divorce mediation, ideally with a background in family law. It’s important to find a mediator both parties feel comfortable with and who can remain neutral and fair throughout the process. You can ask for referrals, check credentials, and interview potential mediators to ensure a good fit.

13. What should we prepare before starting mediation?

Before starting mediation, gather all relevant financial documents, such as tax returns, bank statements, and information on assets and debts. Consider your priorities and what you hope to achieve in the mediation. It’s also helpful to have an open mind and be prepared to negotiate and compromise.