These days it seems like there are nearly as many Divorce Mediation Centers as health clubs. When shopping for a mediator, you would be well-advised to choose one with experience in the field of divorce and family law. Just as Planet Fitness cuts corners by eliminating things such as pools, Jacuzzis, basketball courts, racquetball courts, tennis courts, personal trainers, spa services, fencing instruction, yoga classes, dance classes, tanning beds, putting ranges, shooting ranges and outdoor fields for team sports, many mediation centers provide a very small subset of the services that may be necessary and desirable to settle your divorce in a fair and equitable manner.
Despite best efforts, marriage counselors or lay persons who offer to mediate your divorce may have no clear idea of what the law or the court requires in a divorce settlement. If a Judge accepts your settlement agreement and divorces you on those terms where only later you discover important pieces missing or mistakes made, it is nearly impossible to go back and change that later (absent certain criteria). There is no substitute for years of legal training and experience practicing in divorce and family Court.
Divorce settlements require attention to many nuanced issue areas which can at times be legally complex. Inattention to tax consequences, inheritance laws, immigration matters, real estate requirements and other similar subjects that often arise in the context of a divorce settlement may impact your future prospects as much as would driving a motor vehicle without insurance or even jumping out of a plane without a parachute.
Some people make mistakes that could have been avoided when their minds are clouded by the emotional impact of losing their lifelong partner. Having an experienced divorce attorney serving as review counsel for you or as a mediator helps to mitigate potential errors caused by your or your spouses emotional distress.
While it may sound like a good idea to keep lawyers out of the room so the price of a divorce settlement can closely resemble the prices of used electronics at a Goodwill bargain basement, you probably know in your gut that you get what you pay for. Any settlement proposal has to be deemed “fair and equitable” by a Judge. If the Judge notices some mistake or illegal clause or a clause against public policy in your agreement, you could end up having to go back to an attorney to set the matter right. In the worst-case scenario you may find yourselves headed toward contested litigation after having already spent considerable time and money trying to mediate.
Hirsch Legal, LLC provides clients with several options under the umbrella of mediation services – we serve clients 1) undergoing mediation with a third-party mediator as “review counsel”; 2) in the formal litigation model where mediation is sought as an alterntive to litigation through a court-annexed program or privately with a retired judge; and 3) in the informal and voluntary model wherein both parties seek a third-party neutral to mediate their divorce and help them reach consensus.
Our principal attorney, Carmina K. Hirsch, has served clientsas review counsel, as mediator, and litigatorin the divorce and family court system in Connecticut. She and her team makes stringent efforts to ensure that mediation discussions are fair, that financial matters are dealt with appropriately and equitably, and that any proposed settlement agreements conform in all respects with Connecticut state legal requirements. If you live in a New Haven or Fairfield County city such as Danbury, Bridgeport, Milford, Trumbull, or Stamford, and you and your spouse prefer a mediated negotiation over a divorce trial, we are here for you!