Bellenot & Boufford, LLC
Connecticut Mediation Attorneys
The Benefits of Mediation
Mediation is an alternative dispute resolution (ADR) method for settling divorce or other legal matters. It involves both parties settling on the details of their divorce with a neutral mediator going between the parties to facilitate the negotiation.
Some of the benefits of mediation include:
Efficiency: Successful mediation allows divorcing couples to avoid the delays and costs associated with traditional divorce litigation.
Privacy: Mediation negotiations are conducted in a more private setting than litigation. Your discussions will not be a public record for your children or others to see.
Control: Mediation allows you to craft the details of your divorce yourself — including custody and visitation, alimony, child support and other issues — rather than having a judge make these determinations for you.
A More Amicable Approach to Divorce and Other Contested Matters
- Are you facing a divorce or other contested matter?
- Are you dreading the courtroom battle involved in most divorces?
- Are you looking for a better way?
At Bellenot & Boufford, LLC, we help clients find a more amicable approach to divorce and other conflicts through mediation. Our Newtown attorneys have more than 50 years of combined experience representing clients in Fairfield County, New Haven County and the surrounding Connecticut areas.
It is important to talk to an experienced lawyer who can discuss the possibility of mediation rather than litigation in your case. Mediation requires that both parties agree to negotiate their issues rather than fight over these issues in court. Contact us to schedule a free phone consultation to discuss your case.
Frequently Asked Mediation Questions
- Opportunity for couples to amicably negotiate their own divorce terms
- Also applies to custody, support, modification and contempt issues
- Voluntary participation
- Neutral mediator helps guide them, keeps them on track, provides feedback
- Parties, not attorneys or judges, come up with terms of agreement
- More control over future and often less costly than uncontested divorce with two attorneys – definitely less costly than going through litigation
- Mediator provides a safe place to have hard discussions
- Mediator keeps emotions in check – helps focus parties on task
- Mediator makes sure both parties have a voice and are heard.
- Mediator able to provide feedback – not make a decision or pick sides, but provide some guidance in terms of what is typical for the situation, or what different options are available for a certain problem, what questions the judge may have, and how certain agreements might interact with others. Benefit of my experience by pointing out areas of concern or where future problems might arise so can address now.
- Mediator makes sure all areas are discussed, keeps track of agreements
- Alone, parties very susceptible to falling into same old arguments, giving up or just agreeing to anything to get the divorce done – all not good for parties.
- Paperwork has to be prepared, served and filed with court if not done already
- Agreement has to be written, reviewed and signed
- Parties can choose to have legal review of agreement
- Remaining divorce paperwork has to be completed and signed
- Request a hearing date from the court
- Attend court – present agreement – canvas by court
- Mediator can be present or not
- What if one party refuses to continue?
- What if one party wants to discuss issues with mediator alone?
- What if the mediator determines that one party acting dishonestly?
- What if need court attention during mediation?
- What if court doesn’t accept agreement?
- Mediation is not for all couples
- Substance abuse, significant mental health issues, domestic violence, liars, or people who are not comfortable speaking for themselves = not good candidates
- Process depends on good faith performance by parties
- Depends on full disclosure
- Depends on parties trusting each other – great leap of faith
- Depends on equal footing
- Depends on ability to put emotions in check
- Mediation is work – parties, not attorneys or judges, making the decisions
- All work is done with both parties
- Starts with both coming in to discuss mediation (process, my role as mediator, what their involvement consists of, general rules, pros and cons – decide if right for them)
- If want to proceed, enter into agreement and schedule first session. Normally address custody first
- Work on parenting plan
- Next financial https://bbesq.com/wp-admin/index.phpaffidavits and financial production ahead of time. CSG run.
- Work on living arrangements/house, then go on to support, then property/debts, then retirement accounts, then insurance, taxes, etc
- Some can get all done in 1-3 sessions, some 7-10 sessions
- Usually one session per week to keep flow going
- Usually email from me summarizing session
- Homework in between sessions
- Can email/call me in between but need to be together
- Hopefully some progress was made. Partial agreements can sometimes be salvaged and the issues for litigation narrowed. Sometimes not.
- At this point mediation ends. The mediator is disqualified from representing either party and cannot be called as a witness. Confidential.
- Parties proceed on their own or retain counsel to file for divorce or other legal action
- Attorney’s can try to continue to work out issues, go to pretrial to get court feedback
- If no resolution, case will be assigned a trial date and the court will hear your matter and render a decision.
Family Law Articles of Interest
Contact a Divorce Mediation Attorney
Free and Meaningful Phone Consultations
We offer free initial phone consultations, so you can speak with an attorney about whether mediation would be the best solution for your divorce or family law matter. Call 203-304-9050 (877-286-3414 toll free) or contact us to schedule your free initial phone consultation.