What is Mediation?

Divorce Mediation Services are an alternative to the traditional, adversarial process of litigation. Divorce Mediation is a structured yet informal process where a neutral mediator helps the parties create a legally, enforceable agreement. The process is private, confidential and voluntary.

IS DIVORCE MEDIATION RIGHT FOR ME?

COST: You are seeking a less adversarial, less protracted and less costly process.
PRIVACY: You value a private rather than public setting in which to resolve your issues.
CONTROL: You wish to resolve these issues yourselves instead of using a court or agency to make the decisions.

Would you like to participate in a less adversarial and less expensive process in order to end your marriage? Miriam is committed to improving the process of divorce by helping divorcing and separating couples explore non-adversarial options that are in the best interests of the family. She believes in the resiliency of the human spirit and that even in times of extreme stress, a person can, if given the right tools and support, take control and shape their future.

When representing a husband, wife or child in a divorce, she knows that people can be frightened, in pain and often angry. Our court process encourages people to navigate the legal system by focusing on winning-which means the other person must lose. This, as opposed to problem-solving. Such is the nature of the adversarial system.

Having experienced too many couples expend their assets and emotional capital during litigation, Miriam began to offer divorce mediation as a means to conclude their marriage in a civilized manner with integrity. Divorce does not have to destroy the family. The process of mediation assists a couple navigate the legal, emotional and financial terrain in a private setting, outside of the adversarial system.

When the couple has children, she helps the parents develop a parenting plan before looking at financial and other matters. Making the children the center piece of the negotiations reduces the children’s emotional burden. Through the mediation process, a couple will often learn to better communicate and relate to each other, enhancing their ability to parent. Thus, while their needs are central, the children are not in the middle.

Financial matters may require appraisals or accountant input. Evaluators are chosen by both participants. Most importantly, objective criteria will be determined upon which to base the financial analysis.

Is your family experiencing conflict related to an elder member of your family? Would you rather work towards a harmonious resolution or fight it out in court?

As a culture, we tend to avoid conflicts even though they are a natural part of all relationships. Mediation eases the tough conversations, leading to positive outcomes.

Families concerned about the care of an older adult often do not see eye-to-eye. They often find themselves in conflict over the care of an elderly parent, aunt, uncle or grandparent. Elder mediation will help adult children and the elder have difficult conversations and make decisions with and about their aging parents. These discussions may also include caregivers, medical providers, friends and other support persons.

The workplace can be a source of conflict beyond the normal work requirements. When concerns such as age or gender discrimination, sexual harassment, evaluation discord or confusions of duties or responsibilities arise, using a negotiator/mediator to assist in resolution can avoid the expense and time of litigation.

Mediation is also an option for couples who haven’t yet decided on a divorce, but wish to have a trial separation and may benefit from a mediated separation agreement. The mediator will assist the couple in negotiating an interim living arrangement, a parenting plan ( if there are children), support and debt allocation. If the couple decides to move towards a divorce, the framework of an agreement has already been built and can be incorporated into the divorce agreement.

Same sex marriage in Connecticut is valid and couples have the same rights and obligations as parties to other marriages. However, same sex couples are not permitted to file joint federal tax income tax returns, nor are eligible for the federal gift and estate tax. Thus, mediation can also assist in addressing these issues.

Pre and post-nuptial Agreement
Documents which clarify the property settlement upon death or dissolution of a marriage. These allow private resolution of family issues, but are governed under specific contract principles.

Qualified Domestic Relations Orders
This is a document which transfers assets such as pensions, IRAs and 401k as ordered in your dissolution.

QDRO and Other Services
Preparation of QDROs

Wills
Writing a will is often one of those things on a to-do list that never gets done. Ask about completing this important task as well as creating advanced health directives.

Living Wills