Mediation & Collaborative Law

At Freed Marcroft, we are not afraid of a fight.  We are aggressive litigators when the situation calls for it, but we have the experience and judgment to realize when aggressive tactics are needed and when they will be counterproductive and simply run up your costs and increase your anxiety.

We also believe that a non-adversarial approach to a marriage dissolution is often best for our clients and their families, and Freed Marcroft’s team includes lawyers committed to kind and fair resolutions and trained in collaborative law and mediation.

Mediation

Mediation provides a method for people with disputes or conflicts to exercise their own choices and discretion and to regain a sense of control over their lives in resolving those disputes. It is a means by which you can be an active participant in the decisionmaking process, and have direct involvement in the determination of your future.

Meghan FreedKristen Marcroft, and Ann Newman have supplemented their formal legal education with advanced training in mediation. They are all members of the Connecticut Council for Non-Adversarial Divorce.

Mediation is a voluntary process in which a neutral third-party, the mediator, facilitates a conversation between you and your spouse. The goal of that mediated conversation is to help you arrive at a divorce settlement that works for both parties. The mediator is not a judge and will not impose a resolution on either of you. What the mediator will do is use her expertise in conflict resolution to help you have conversations in a more effective way than you have in the past. She will also use her experience in divorce settlements and divorce law to give you legal information and help you brainstorm an appropriate resolution to your conflict. In our role as mediator, we are able to give legal information but not legal advice. We encourage both parties to engage independent counsel to consult with before finalizing your agreement. Mediation is used not just in divorce, but in other family conflicts like custody cases.

Collaborative Law

Collaboration offers a middle ground between mediation and full adversarial litigation.  Collaborative practice, like meditation, is a voluntary process.

Meghan Freed and Kristen Marcroft are trained collaborative attorneys and are members of the Connecticut Council for Non-Adversarial Divorce.

The major difference between mediation and collaborative divorce is that in a collaborative case you are never “on your own.” Each party is fully represented throughout the negotiation by his or her own collaborative attorney. Unlike in a litigated divorce, the parties and their individual attorneys sign an agreement commit themselves to resolving all issues of the divorce by negotiated agreement without resorting, or threatening to resort to costly court proceedings. In addition to attorneys, a collaborative case can include professionals from other disciplines on the team. Divorce coaches and financial experts are common collaborative team members.

You can read additional articles and blog posts on choosing an approach for your divorce below:

Freed Marcroft’s attorneys guide select clients through marital and family law issues with focused, personalized strategy and legal acumen while remaining mindful of each client’s overall wellness.  To discuss our helping with your situation, contact us either here or by phone at 860-560-8160.