Misconceptions About Mediation

It is not unusual for spouses to begin mediation with false understandings of what the law says on various subjects. Some couples even begin mediation with the false impression that "so long as we agree on it, anything can become a part of the final divorce agreement.” This is not accurate.

It would be more accurate to say that: “So long as both spouses agree on it, and it is legal, and it does not contradict another part of the agreement, and it is not contrary to public policy, and it is fair to both sides—then it may be written into the Separation Agreement.”  Mutual consent is simply not enough. 

Again, it is the job of the attorney-mediator to educate the couple on what the law says, and help them to avoid provisions that cannot be included in their Separation Agreement. Divorce mediation—whether it is guided by an attorney or another professional—is a process in which two spouses with conflicting interests engage in negotiations facilitated by a third neutral party whose job it is to assist those two spouses in reaching a settlement of their differences. That third neutral party is the mediator. Depending on the background and training of the mediator, the type of assistance provided by him or her will vary from one professional to another. 

Areas in Connecticut Serviced by The Firm

Serving New Haven County, including Woodbridge, Guilford, Madison, Cheshire, Ansonia, Beacon Falls, Bethany, Branford, Derby, East Haven, Hamden, Meriden, Middlebury, Milford, Naugatuck, North Branford, North Haven, East Haven, Orange, Oxford, Prospect, Seymour, Southbury, Wallingford, Waterbury, West Haven, Wolcott, New Haven and the surrounding communities. Also serving Fairfield County, including Danbury, Easton, Westport, Weston, Fairfield, Bridgeport, Ridgefield, Redding, Newtown, New Fairfield, Sherman, Shelton, Trumbull, Brookfield, and Monroe.

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