Divorce is often an emotionally charged event for everyone involved. Because of this, you may not be able to agree regarding vital aspects of the separation on your own, including child custody arrangements and property division.
When the couple cannot work things out on their own, the court will make decisions for them. Unfortunately, the court doesn’t know or understand the inner workings of your marriage and family life the way that you do. As a result, divorce litigation may not be the best solution for everyone. Instead, choosing mediation may be a good option for several reasons.
1. Mediation is often easier on children
There are situations where a child will have to speak to a judge to decide whether he or she would like to live with their mother or father. Forcing a child to make this type of decision in this environment can be extremely difficult and even traumatizing.
In mediation, the parties may be better able to determine where the child would like to live, how the living arrangements will affect the child and parents, and examine various other factors about child custody. The court will not do this type of in-depth, extensive review. On the other hand, the couple can come to a reasonable solution after collaborating and thinking through everything during a mediation.
2. Mediation is often more cost-effective than litigation
Going through an entire trial is expensive for everyone involved. Trials can last days or weeks, depending on the case. Preparation for appearing in court can take months. In contrast, mediation will often last just one day.
Mediation provides a faster, less expensive way to finalize your divorce.
3. Mediation allows the couple to craft their own solutions
It is virtually impossible to present every consideration you may have regarding custody, visitation, or property division to the court. As such, the court cannot fully understand your concerns in a divorce. Only you have experienced your relationship and have a feel for how particular arrangements between you and your spouse may work out.
Mediation allows you and your spouse to craft a plan that will work best for both of you. The benefit of having a neutral third-party involved is that you do not have to work directly with your spouse to make these arrangements. Instead, the both of you will hear from a third party, who is often the voice of reason in getting your points across to your spouse.
4. Mediation involves less conflict than going to court
Mediation is all about finding a solution that works for everyone. Litigation is an adversarial process. It can be extremely emotionally draining for many people. Mediation is far less confrontational and helps the couple find common ground. In fact, you do not even have to see your spouse in this process if you do not want to do so.
If you are considering mediation for your Connecticut divorce, contact Attorney Paul McConnell. Having an attorney there for you during the process will help ensure that your rights are protected at all times.