The Law Offices of Richard Gee, Attorney at Law

MEDIATED DIVORCE

& LEGAL SEPARATION

This process requires both parties to meet with a mediator who does not represent either of them as legal counsel. The mediator works with the parties to facilitate an agreement outlining all terms of their divorce, then crafts a separation contract based upon that agreement. The mediator may also assist the parties in filing and obtaining the divorce. The process is informal and private. If the mediation goes well, the only day either party will see the inside of a courtroom is on the actual day of divorce or legal separation.

Mediation is the least expensive divorce option. It allows for peaceful and creative solutions to common divorce problems. When the parties participate in resolving their own issues, the agreement is less likely to be challenged after the divorce. Discovery is informal, with each party relying on the good faith of the other.

Mediation my not work with allegations of physical abuse. In matters involving hidden assets, a lack of trust in financial matters, or parties fighting for their rights, rather than their needs, mediation may not be the best process.

COLLABORATIVE DIVORCE

This process is very new in Connecticut and combines elements of both litigated and mediated divorce. While mediation clients can consult with an attorney as often as they like, some want, or need, more direct involvement from an attorney than is typical in mediation, but still want to avoid combative behavior.

In collaborative divorce, each client maintains individual attorney representation. Interdisciplinary Collaborative Divorce involves neutral professionals (ie. mental health or child care workers, financial planners, etc.) when required. Clients and attorneys commit in writing to resolve all issues by agreement, without resorting to courtroom proceedings.

This is accomplished with a series of "four-way" joint meetings at which both clients are present with individual counsel. For many, this is a worthwhile option, although the process can be more expensive and time consuming than mediation.