The mediation process in Connecticut and many other states is used to help settle many different types of cases, including, for example, divorce along with other family disputes, disputes among colleagues in the workplace, and contract disputes. In the family setting, also known as divorce mediation or custody mediation, parties have an opportunity to share their views in a safe and private space, while constructively discussing important issues such as communication, separation, child custody, child support and visitation, alimony, debt, division of all the property, and other family matters. Research shows that most spouses are very satisfied with the divorce mediation process. Using a divorce mediator to prepare the couple, and utilizing the professional and practical experience of a divorce lawyer, makes the mediation process efficient, cost-effective, and provides a higher guarantee of success for both parties.
The mediation process is a procedure in which an impartial third party (divorce mediator) facilitates communication, negotiation, and promotes voluntary decision making by the spouses. In mediation, a mediator helps parties understand each other’s perspectives, completes the financial inventory necessary to commence negotiations and discuss various options for reaching agreements. The Mediation attorneys do not decide who is right and who is wrong. Often times, both spouses are right. They simply differ in their perspectives or opinions. Whether parties choose the divorce mediation process voluntarily or a Connecticut court orders them to try the divorce mediation process, the decisions on how and whether to reach divorce agreement is always up to the spouses. The mediation attorney has no authority to impose a settlement on the parties. To the role of the lawyer mediator is to educate the spouses together as to all the options available to them, and most importantly the likely outcomes that the family will be faced with if the decisions in their case are decided by one of the Superior Court Judges.
At the time when the divorce mediator and the parties come together to mediate or negotiate is called a mediation “session.” In a mediation, sometimes mediators will meet with both parties (often called a “joint session”). Other times during the mediation process, they meet with parties separately, often called “private caucuses”.
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