WHY CHOOSE MEDIATION?
Mediation affords the parties many benefits not
available in litigation:
- only one brief court appearance
- substantially reduced conflict and stress
- less costly than litigation
- more control over the outcome of your case
- control over the time and cost
- privacy
- direct communication between the parties
- voluntary process
- considers all family members
In summary, mediation allows you to conduct your
divorce, or resolve any other family-related conflict, in a manner
that minimizes the negative economic, social and emotional consequences
of protracted litigation on you and your family.
Only one court
appearance. When your agreement is completed and signed,
and the mediation process is completed, only one brief court appearance
is required. Under Connecticut law, your signed agreement must be
filed with the court for the judge's approval. The parties are present
in court when the agreement is submitted to the judge. The appearance
typically lasts approximately 30 minutes. In contrast, in an adversarial
divorce, the parties typically spend many days in court for hearings
and pretrials.
Mediation
reduces conflict and stress. Because mediation is a
process that values dignity and mutual respect and is far less adversarial
than litigation, it is often easier to achieve agreement between
the parties. Family disputes are often charged with emotional issues
that interfere with the parties' ability to reach an agreement.
The combination of an attorney-mediator and psychologist-mediator
is unbeatable when the parties get "stuck" in one of these
emotionally charged issues. With Kathy's legal background and Mark's
therapeutic skills, and their combined skills in creating solutions,
they are able to help the parties resolve their conflicts and move
toward an agreement.
Savings in time
and money. Mediation is far more cost-effective than
a litigated divorce. The mediators do not charge a retainer fee.
The fee for each mediation session is based on an hourly rate and
is payable at the end of each session. Any fees for time spent by
the mediators outside of session time and for preparation of documents
will be discussed with you in advance and incurred only with your
approval.
To a great extent, you are in control of how long
mediation takes. Sessions can be scheduled as often as you wish.
Before a divorce is final in Connecticut, the law requires a 90
day waiting period from the "return date" - a date that
is usually two to four weeks after the divorce papers are served
and filed. However, you can resolve all disputes, have an agreement
prepared, and have that agreement filed with the court any time
after that 90-day waiting period.
The cost of a mediated divorce typically ranges
between $2500 and $5000 for the mediators' fees. In contrast, the
expected cost of legal fees in a litigated divorce in Connecticut
can easily range from $15,000 to $60,000 per party and can extend
even beyond that.
If custody is an issue in a litigated divorce,
the court will likely appoint an attorney to represent the children's
interest, and this results in even more legal fees. In a litigated
case, progress is dependent to a great extent on the court's schedule.
Each time a party wishes to resolve an issue, absent an agreement,
there is typically a two to four weeks wait until the case is scheduled
for a court hearing. Even after the parties receive notice from
their attorneys of a hearing, continuances and multiple court appearance
are commonplace.
Mediation allows
the parties to control the outcome of their case. Mediation
empowers the parties to shape their own destiny and that of their
children. In contrast, in a litigated divorce, the parties place
control over their future in the hands of their attorneys and the
judge. A different judge may hear your case on any given day and
therefore, may only get to know you and your family for a very brief
period of time. Who knows you and the needs of your family best?
Who do you want to make these important decisions about your future?
We believe the parties should remain in control.
Mediation
is a private process. Under Connecticut law, communications
between the parties during mediation are confidential. All mediation
sessions take place in the privacy of either Mark or Kathy's office,
whichever location is more convenient for you. In contrast, in a
litigated divorce, the parties typically meet in the courtroom where
your case may be overheard by any number of people: judges, attorneys,
other litigants, court clerks, court reporters, marshals, and the
general public.
Direct communication between the parties.
The parties' communications during each mediation session are direct.
There are no intermediaries carrying the message from one person
to the other. In a litigated divorce, each party typically communicates
through his or her attorney and the attorney's staff. Indirect methods
of communication take time – and money.
Mediation is
a consensual, voluntary process. At any time during
the mediation process, either party can elect to terminate mediation
and begin litigation. The parties may agree to retain the agreements
that they have made thus far in mediation and litigate only those
issues on which they have been unable to agree.
The needs of all family members are
considered. Mediation, by its very nature, encourages
the parties to consider all family members in creating their agreement.
It focuses on the needs and interests of the parties and their children,
and allows the parties to take control over decisions that affect
them and their children.
When the parties are represented by an attorney
in a litigated matter, their attorney is obligated to act as an
advocate for the client, and not for any other member of the client's
family. In contrast, because the mediators are obligated to maintain
neutrality toward both parties, the mediators are able to suggest
more options that neither party's attorney may be able to suggest.
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