Divorce Mediation

A mediator is a neutral party specially trained to help couples resolve the issues in their divorce. The mediator facilitates the communication between the parties by making sure each party is given an uninterrupted time to speak, asking a party to restate or explain a point when necessary, and asking questions to make communication clear. The mediator also provides information about the legal system, how issues may be viewed by lawyers or judges, and what alternatives there are for solving issues. When necessary, the mediator will refer the couple to third-party experts for services such as appraisals.

Simply put, you should consider mediation for your divorce because mediation saves time, emotions, and money. You and your spouse remain in control. Unlike a litigated divorce, you have control because you and your spouse make decisions about all aspects of your divorce.

The best mediation client is an informed and educated client. Because knowledge is golden, a good divorce mediator strongly encourages a mediation client to meet with an independent attorney to provide each spouse with independent legal advice and the knowledge necessary to make long-lasting, educated, informed decisions.

Some spouses may choose to meet with their reviewing attorney at the end of the mediation process so they can look over all the financial documents prepared in mediation and the draft separation agreement. Some spouses meet with a reviewing attorney only once, at the beginning of the process; others go to a reviewing attorney at the beginning and end of mediation, and others don’t go at all.

An independent reviewing attorney charges by the hour and the cost should not be more than one to two hours of his or her hourly rate.

If you use a mediator who is also an attorney, they can help you file all the court paperwork which can include: starting the dissolution of marriage action, preparing and filing the necessary financial disclosure agreement, and final papers to be presented with the court. A state marshal or sheriff does not need to be used to serve the divorce papers if a waiver of service is signed by the defendant in the presence of a divorce mediator who is also an attorney. In Connecticut, the divorce mediator attorney attends the final hearing and assists the couple at this appearance. The mediator will be the person who will canvas or cross-examine the spouses about the agreements reached rather than the Judge.

How long a mediated divorce takes depends on the complexity of the issues and the ability of the individuals to be flexible as they negotiate a fair agreement. The average mediated divorce case takes at least four to five sessions (2-3 hours each) spread out over 3 or 4 months. More complex cases can take up to 6 months to complete.

The cost of mediated divorce cases in Connecticut is directly associated with the complexity of each situation. Every family is unique, hence every separation is unique. In a typical case, parties can expect to pay a combined total (total for both spouses) of between $3,500.00 - $9,000.00 depending on the total number of sessions needed. Connecticut court filing fees are $350.00. 

If your divorce requires the services of independent experts, they typically charge upfront retainers while others have a pay-as-you-go process. The cost of each spouse’s independent attorney for consulting and review of the mediated agreement is separate from fees charged by the divorce mediation attorney. However, the cost is usually minimal as most review counsel charges one or two hours of their time.