Divorce Mediation Attorney
Divorce Mediation Attorney in n Ansonia, Milford, Orange, Stratford, Seymour, Oxford, Woodbridge, Bethany, Woodbury, Southbury, Waterbury, Shelton, Bridgeport, Fairfield, Trumbull, Monroe, New Haven, Hamden, North Haven, North Branford, Branford, Westport, Wilton, Weston, Easton, Norwalk, Darien, New Canaan, Stamford, Greenwich.
Divorce mediation is an increasingly popular alternative to courtroom divorce drama. Mediation is a confidential process wherein a neutral third party will help facilitate conversation between the parties with respect to addressing resolution of custody/visitation of the minor children and equitable division of the marital estate, the goal being to settle all issues via the drafting of a parenting plan and separation agreement. The average cost of mediation varies, but is generally a less expensive route than litigating each issue all the way to trial.
However, the profession of “divorce mediator” is largely unregulated. Almost anyone can hang a shingle and advertise their services in this arena. Usually mediators have at least some training in divorce law or psychology, but it is a good idea to review the qualifications of anyone proposed to you as a mediator before you hire. Also, keep in mind that any settlement you and your spouse reach through divorce mediation must still be submitted to the Court via the dissolution process so that a Judge can determine whether same is fair and equitable under all the circumstances and then incorporate same into your divorce decree.
While the role of a mediator is to promote discussion between two people who otherwise may have great difficulty talking to each other and reaching an agreement is not a guarantee, this process can succeed if both parties are negotiating in good faith with reasonable expectations. People who have tried this route report greater satisfaction with custody arrangements than people who have litigated each issue to the Court.
While there is no requirement that you engage an attorney to advise you or to sit in on your mediation sessions, you have the right to have full representation throughout the divorce mediation process, or limited representation via review counsel to advise you on your rights and obligations. You will be at a great disadvantage if your spouse has access to professional legal advice and you do not. Remember, a mediator cannot provide legal advice in their role as a neutral. At the end of the day, any settlement you reach must be consistent with Connecticut divorce law and must pass the careful scrutiny of the Court.
The way to ensure your divorce mediation is conducted smoothly is to hire an experienced mediator. Prior to law school, Attorney Carmina (Tessitore) Hirsch worked for a mediation and arbitration firm in upstate, New York, where she was trained in mediation, trained mediators, and ran several mediation and arbitration programs including the divorce and family mediation programs. She is also the former co-chair of the Connecticut Bar Association’s Alternative Dispute Resolution Section and former co-chair of the Fairfield County Bar Association’s Alternative Dispute Resolution Committee. Additioanly, Carmina’s article “Divorce Mediation: Mediating Financial Disputes” was published in Connecticut Lawyer Magazine.
Carmina serves as mediator to parties who prefer the alternative dispute resolution route to resolve all issues surrounding their divorce through the use of divorce mediation, so that the power and control over decision making remains in the parties’ hands rather than given up through the litigation process wherein all power is placed in the hands of a judge.
If you have already started the divorce mediation process and are looking for an attorney to represent you or serve as your review counsel, Shelton-based “Super Lawyer” Carmina (Tessitore) Hirsch, a featured author in MCLE’s “A Practical Guide to Divorce in Connecticut” (updated edition to be published in 2018), is uniquely qualified to advise you on your rights and obligations. Contact her today to schedule your free consultation.