When a marriage is strained and eventually breaks down, divorce is an option to pursue. The process of divorce can be complex and emotionally draining. In Connecticut, couples seeking a divorce have the option of pursuing either mediation or arbitration. Both mediation and arbitration are alternatives to litigation, but they differ in their approach to resolving disputes. In this article, we will discuss the differences between mediation and arbitration in Connecticut divorce cases.
Mediation
Mediation is a process in which a neutral third party helps couples resolve their disputes. The mediator does not make decisions for the couple but helps them communicate and negotiate a resolution. Mediation is a voluntary process and the couple retains control over the outcome of the process. It is a confidential process and the discussions held during mediation cannot be used in a later court hearing.
Benefits of Mediation
There are several benefits to mediation in Connecticut divorce cases. These include:
Cost-effective – Mediation is usually less expensive than going to court. The couple only pays for the mediator’s time and does not have to pay for court fees or attorney fees.
Saves time – Mediation is usually faster than going to court. The couple can schedule mediation at a time that is convenient for them and the process can be completed in a few sessions.
Less stressful – Mediation can be less stressful than going to court. The couple is in control of the process and can negotiate a settlement that works for both parties.
Helps maintain a positive relationship – Mediation can help the couple maintain a positive relationship after the divorce. This can be especially important if the couple has children.
Process of Mediation
The process of mediation in Connecticut divorce cases typically involves the following steps:
Introductory session – The mediator meets with both parties to explain the process of mediation and to establish ground rules.
Joint sessions – The mediator meets with both parties to discuss the issues and help the couple negotiate a settlement. The mediator may also meet with each party separately to get a better understanding of their concerns.
Drafting an agreement – If the couple reaches an agreement, the mediator drafts an agreement that includes all the terms of the settlement.
Finalizing the agreement – The couple reviews and signs the agreement. The mediator then files the agreement with the court.
Arbitration
Arbitration is a process in which a neutral third party makes a decision on a dispute. The arbitrator’s decision is binding and the couple must abide by the decision. Unlike mediation, arbitration is not a voluntary process. The couple agrees to arbitration in advance and gives up their right to go to court.
Benefits of Arbitration
There are several benefits to arbitration in Connecticut divorce cases. These include:
Flexibility – The couple can choose the arbitrator and the process can be tailored to meet the needs of the couple.
Finality – The arbitrator’s decision is final and there is no appeal process.
Confidentiality – Like mediation, arbitration is a confidential process and the proceedings cannot be used in a later court hearing.
Process of Arbitration
The process of arbitration in Connecticut divorce cases typically involves the following steps:
Choosing an arbitrator – The couple selects an arbitrator who is mutually agreeable.
Pre-hearing conference – The arbitrator meets with both parties to discuss the process of arbitration and establish ground rules.
The hearing – The arbitrator listens to both parties and may ask questions. The couple presents evidence and arguments.
The decision – The arbitrator makes a decision and issues an award.
Conclusion
Mediation and arbitration are alternative dispute resolution methods that can be used in Connecticut divorce cases. Mediation involves a neutral third party helping the couple communicate and negotiate a settlement, while arbitration involves a neutral third party making a binding decision. Both mediation and arbitration have their advantages and disadvantages, and couples should carefully consider which option to pursue.