Westport, CT Divorce Mediation Attorney
While divorce can be complex, it doesn’t always have to come with a long, extensive court battle. Divorce mediation can offer couples in Connecticut a more private, cost-effective, and cooperative means of resolving critical issues like property division, child custody, child support, alimony, and visitation. A Westport divorce mediation lawyer can guide you in solidifying a fair agreement, offering greater peace of mind and less stress.
About Reich & Truax, PLLC
At Reich & Truax, PLLC, we know every family’s circumstances are different. Westport divorce mediation lawyers provide both legal counsel and mediation services for our clients. We help you understand your rights, consider options and practical solutions, and reach fair agreements, whether you’re preparing for court-ordered mediation or exploring private mediation.
Understanding Divorce Mediation in Connecticut
Mediation allows you and your spouse to have control over the outcome of your divorce, rather than having a judge make all the decisions for you. A mediator, who is a neutral third party, can help you and your spouse to communicate more effectively, be more creative with solutions, and reach a settlement that meets everyone’s needs. Divorce mediation laws allow you to seek mediation instead of automatically going to court.
The rate of divorce in Connecticut in 2021 was 2.6, and the rate of marriage was 6.2. In 2022, based on the number of divorces per 1,000 persons in the state population, Connecticut had the 23rd highest divorce rate among the states of the United States. Based on the number of marriages per 1,000 persons in the state population, Connecticut had the 26th highest marriage rate among the states of the United States.
Court-Ordered Mediation vs. Private Mediation
Court-ordered mediation is when a judge orders it. If you and your spouse are fighting over things like custody or visitation, the judge may order you to go to mediation before anything else happens in your case. You and your spouse do not get to pick the mediator or the time for mediation. The court sets these things for you. At the end of the mediation sessions, the mediator files a report with the judge, detailing the proceedings.
Not attending sessions may result in penalties from the judge, which include contempt of court charges. Private mediation, on the other hand, is much more flexible. Participating couples choose to employ a private mediator who frequently has a background as a family law attorney with conflict resolution experience.
You and your spouse are free to select a mediator that you trust, hold sessions at times that work for your schedules, and decide which issues you want to address. All information disclosed in private mediation is confidential. This means that, if you can’t reach an agreement, the other side can’t use what was said in court against you. Private mediation has a cost, but couples frequently agree that the advantages of custom scheduling and confidentiality justify the expense.
Mediation vs. Litigation
Litigation has a reputation for being confrontational, and it can be financially and emotionally taxing. Additionally, it can take up a significant amount of your time. Mediation is a process intended to minimize conflict. It allows spouses to be creative in problem-solving and to be in control of the decisions made rather than have them made by a judge.
A divorce mediation attorney in Westport, CT plays a crucial role, even when spouses agree to mediation. Legal consultants offer advice while reviewing contracts and preparing necessary documents to guarantee final agreements are enforceable and protect your rights. Mediation doesn’t take the place of legal advice; it just provides a more efficient process for reaching an agreement.
Why Hire a Divorce Mediation Lawyer?
Experienced lawyers understand divorce mediation cases. When you hire a divorce mediation lawyer, they can make a significant difference in the outcome of your case. Mediators can’t provide legal advice. However, your attorney can assess proposed agreements and then negotiate terms while calculating support amounts and safeguarding both your financial and parental rights.
Legal advice helps you prevent costly errors while securing a settlement that serves your interests and remains enforceable. This allows you to approach the process with greater peace of mind and confidence.
FAQs About Westport, CT Divorce Mediation Laws
Divorce mediation will not work when there is an imbalance of power between the spouses, when there is abuse, or when the spouses do not communicate well. A mediator cannot force the parties to accept a binding decision as a judge can. If the parties do not come to an agreement, then the case may still have to go to court.
Prices for divorce mediation in Connecticut range from low to high. If ordered by the court, mediation is free or low-cost. You may be asked to pay a small administrative fee. Attorneys or trained divorce professionals who work as private mediators usually bill their clients either on an hourly basis or through a fixed rate. Couples typically agree on the rate before starting the mediation process.
The costs of private mediation are usually split between the parties, although this may be different for spouses in some cases, based on the parties’ finances. Mediation ordered by the court is typically available for low or no cost. To avoid confusion and misunderstandings, couples should decide well in advance, with clear communication, how mediation will be paid for. It may be a good idea to have this agreement in writing.
No, mediators cannot do the same as a divorce lawyer. Mediators facilitate discussions between the two spouses and are a neutral party in the case. Mediators also cannot provide legal advice. Lawyers, on the other hand, offer legal advice. They also are not neutral. They have the interests of their client as their main priority.
Contact Reich & Truax, PLLC
If you are going through a divorce, mediation may be an ideal solution for you. It can be less time-consuming and less stressful for all parties involved. If you are considering mediation, an attorney at Reich & Truax, PLLC can help. Contact us today to get started.