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Westport Divorce Attorneys serve as Review Counsel in Connecticut Divorce Mediation

Needle | Cuda’s attorneys actively serve as “Review Counsel” for clients who have mediated without counsel and need their agreement reviewed before it is formally and approved by the Connecticut Superior Court.

What is a Review Counsel?

Review Counsel, in the context of Divorce Mediation, generally refers to an attorney who is hired by an individual to review a fully-mediated divorce agreement and to advise that individual on risks, issues and concerns in that agreement related to their independent, separate legal interests before that agreement is finalized in Connecticut Superior Court and entered as a court order called a Decree of Dissolution of Marriage (also known as a Divorce Decree).

Retention of Review Counsel is generally considered to be a prudent decision. A final consultation with Review Counsel is also recommended by most Mediators — as a common-sense measure and also as a means of mitigating liability—since Mediators do not offer any legal advice and are by definition neutral in the Mediation process.

Connecticut Divorce Laws are complex and have many nuances depending on your unique circumstances. The components of a dissolution of marriage: Alimony, Child Support Custody (Physical and Legal), and Division of Property once finalized cannot be un-done, although there are ways to pursue modifications, subject to meeting certain thresholds.

In simple terms, it is the role of your Review Counsel to highlight the risks and issues inherent in Mediated Divorce Agreement based to make sure that you clearly understand any risks and all the important considerations of your situation with respect to Connecticut Law.

That said, because asking Review Counsel to review a divorce settlement agreement after it has been fully mediated is similar to asking a baker to unbake a cake, Needle | Cuda strongly recommends “Represented Mediation” as a Best Practice. Our many years of experience informs that when each party has the benefit of some material level of legal input throughout the process of a mediated divorce agreement, the outcomes tend to be more comprehensive; agreement obligations are more clearly defined and therefore are more easily enforced; and carry a higher probability of “sticking” as compared to mediations without experienced legal input throughout.

Why is engaging Review Counsel is important in Divorce Mediation?

Divorce is inherently complicated, so professional input and opinion is recommended and prudent to ensure that someone is looking out for your interests;

A mediator is never on your “side.”  The parties in a mediation have separate and distinct legal interests and neither party is represented by the mediator.  There are a lot of different ways to get to “yes” and to a settlement.  And, the mediator is always looking to get to “yes,” but maybe not the best “yes” for you.  With the rest of your life on the line, you should have your divorce settlement agreement reviewed by a legal professional before it becomes a Court order governing your actions and requiring strict compliance; and where non-compliance carries significant potential penalties.  You should always be advised independently on matters of legal importance.

It is important to make sure your divorce agreement means what you think it means by having it validated by a legal professional who can advise you about your separate and independent interests.

Benefits of having an attorney as Review Counsel in divorce mediation

Having an attorney as Review Counsel in divorce mediation offers several significant benefits:

1. Legal expertise: Review Counsel provides valuable legal advice and context throughout the mediation process, ensuring clients understand their rights and the implications of decisions made;
2. Protection of interests: An attorney can help shape negotiations, explain legal rights, and protect client interests, especially in cases with uneven power dynamics1.
3. Document review: Review Counsel carefully examines the Marital Settlement Agreement (MSA) to ensure it is legally enforceable and aligns with the client’s best interests;
4. Reality check: Experienced attorneys can provide a realistic assessment of the case, helping to set reasonable expectations and focus on important issues;
5. Strategic support: Review Counsel can help clients prepare for mediation sessions, develop negotiation strategies, and respond to unreasonable demands from the other party;
6. Financial oversight: They can review financial disclosures and help clients understand the long-term implications of proposed settlements;
7. Time and cost savings: While hiring Review Counsel involves some cost, it can ultimately save time and money by ensuring a smoother mediation process and reducing the likelihood of future legal disputes;
8. Emotional support: Review Counsel can provide objective guidance during an emotionally challenging time, helping clients make rational decisions;
9. Safeguarding against oversights: Having an extra set of eyes on the agreement helps catch potential issues or omissions that could cause problems in the future;
10. Confidence: With Review Counsel, clients can feel more confident that their interests are being represented and that the final agreement will stand up to legal scrutiny;

By providing these benefits, Review Counsel plays a crucial role in ensuring a fair, comprehensive, and legally sound outcome in divorce mediation.

Family and parenting scenarios are complex and the long-term risk factors in divorce agreements difficult to predict

A Connecticut divorce primarily requires an agreement on the division of three things:

• Income (a.k.a. alimony and child support);
• Property (a.k.a. Assets and Liabilities);
• Child Custody (Legal and Physical);

When taking a long-term view, it is essential that your agreement is both clearly articulated and easily enforceable, so in the event that there are disagreements over time (particularly when there are custody and parenting issues involved) those disagreements can be resolved quickly and without ambiguity with respect to Connecticut Family Law.   If you ever have to bring a dispute before the CT Family Court, the enforceability of your agreement and strength of your position would be interpreted under laws, statutes, and rules of the State of Connecticut.

There is no better way to make sure that your divorce agreement will stand up and serve you well over time relative to all the unpredictable factors involving family, parenting, and the long-term financial elements related to divorce than to involve an experienced divorce and family law attorney as Review Counsel for your mediated divorce agreement.

Contact Needle|Cuda to serve as your Review Counsel in your Divorce Mediation

To arrange a consultation, call us today at 203-557-9500 or contact our Westport office online.

Attorney Melissa Needle

Attorney Melissa Needle is a lifetime resident of Connecticut. She was born in New Haven and raised in Fairfield. Melissa is a third-generation attorney. Since her admission to the bar in 1990, Ms. Needle has practiced matrimonial law exclusively.  Attorney Needle is a highly accomplished ultra-high-net-worth divorce litigator in lower Fairfield County, CT.

Attorney Alexander J. Cuda

Alexander J. Cuda is a highly respected family and matrimonial law attorney. Attorney Cuda writes and speaks prolifically about high-net-worth and complex divorce. Alex’s leadership in family law community and Connecticut bar is well-known. He has been named one of the “Top 10 Family Law Attorneys in Southern Connecticut” by such organizations as the National Academy of Family Law Attorneys, the American Institute of Family Law Attorneys, AVVO (2017-2023) and is a Super Lawyers Honoree (2012-2024).  In addition to his robust divorce litigation practice, Attorney Cuda also handles complex divorce appeals.  Attorney Cuda also volunteers to help victims of domestic violence at the Greenwich, CT YMCA and is passionate about fighting for expanded child support for qualifying special needs children.