Mediation And Collaboration: Alternatives To Divorce And Custody Litigation
There is a time and place for litigation. But all too often going to court wastes resources, drives a deeper wedge between parents and fails to solve the underlying conflicts. There may be a better way.
The law firm of Welty Esposito & Wieler LLC offers mediation services to help people resolve disputes with less cost, less animosity and better outcomes. We also offer participation in the collaborative divorce process, which takes litigation off the table and creates a more productive atmosphere for negotiations. Additionally, we can represent you in a private mediation involving both lawyers, both parties and an independent mediator agreed to by both sides.
We invite couples and co-parents in conflict to explore the options with our experienced legal team before going down the litigation road.
Our Experienced Mediators Help You Create Solutions
Attorneys Martha Wieler and Thomas Esposito have years of training and experience as divorce mediators. They help people avoid court by working out disputes over property, custody and finances. In mediation, the parties meet with a neutral facilitator with the goal of reaching an agreement that can be presented to the court. Mediation offers many advantages over litigation:
- It’s generally quicker and occurs on your timeline.
- It’s less expensive.
- It’s less adversarial and stressful.
- You are directly involved in the discussions and the solutions.
Our attorneys are litigators who regularly try cases in the Connecticut family courts. We understand what a judge is going to require in a divorce settlement or custody agreement. Those insights help us guide you efficiently and effectively to a practical result.
Parties can also choose to take a matter to private mediation, where they are represented by counsel, after engaging in the initial stages of the divorce process. This is often a preferred resolution to a divorce that has some level of complication but where the parties do not wish to take the matter to trial. We have experienced very positive results from this type of mediation where the parties choose to hire an experienced family law attorney or retired judge to work with them and their counsel to come to a resolution of their issues.
- We can serve as the mediator in which we do not represent or favor either parties.
- We advise clients who are using a third-party mediator. Our lawyers prepare you for the mediation sessions and provide legal counsel during the process to answer questions and protect your interests.
- We represent parties in the private mediation process.
The Collaborative Divorce Process
Thomas Esposito is trained in the collaborative divorce process, another method for resolving complex family matters out of court. We always to try to engage productively and respectfully with other attorneys, but the collaborative divorce process is different.
- The parties and their attorneys sign a formal agreement not to litigate. This forces you to work through the issues. If either side backs out, you will have to hire different lawyers to represent you in court.
- The collaborative divorce process incorporates other professionals in the negotiations, such as parenting coaches, mental health counselors and financial planners. This holistic approach is conducive to thoughtful discussions and lasting results.
The collaborative divorce process requires two people to engage in good faith and commit to moving the process forward. It won’t work unless that is a real and honest commitment.
Litigators Make Good Mediators
Mediators who never go to court can produce flawed or unrealistic agreements. As trial lawyers who also mediate, we have a firm grasp on where and why negotiations break down, what a reasonable resolution should look like, and what will and will not pass muster with the judge.
To discuss mediation or collaborative law in more detail, please call 203-781-0877 to arrange a consultation, or contact us online. We take cases throughout Connecticut, with offices in New Haven and Branford.