When it comes to divorce, many have this idea of two parties fighting bitterly. They imagine scenes chaos and court room litigation, just like the scenes from a television show or movie. However, conscious uncoupling and divorce where both parties agree that the marriage is over, but still want to remain amicable or even, friends, are becoming more-and-more common. This is why the idea of divorce mediation has gained considerable steam in the past decade.
Is it allowed in Connecticut?
Yes. Our state’s courts encourage parties to resolve family cases outside of trial when possible. In fact, the Judicial Branch’s Family Services program screens new matters and directs suitable cases to resolution services, including court-connected mediation with trained neutrals.
Communications in the state-run mediation process are privileged under Connecticut General Statutes, Title 46B (Family Law), Section 46b-53a. This statute allows spouses to explore options without fear that proposals will be used against them in court.
Connecticut also recognizes “no-fault” grounds for divorce based on irretrievable breakdown. This allowance under Section 46b-40 supports a settlement-first mindset.
When is mediation effective?
Mediation can be especially effective when parents want to design child-focused schedules, tailor support and maintain decision-making control. Financially, spouses often use mediation to trade interests, like equity for liquidity, for instance, and to phase transitions, such as refinancing a home or untying retirement accounts with the appropriate orders.
Even when emotions run high, a neutral can keep discussions structured and future oriented. Lawyers can even advise in the background or attend sessions, as needed, to ensure that everyone’s rights are respected.
Mediation is not a fit for every case, but for many Connecticut families it offers a faster, more private and more flexible path to resolution than a trial. Arriving with current income information, debt and asset lists and clear priorities helps the process succeed. In addition, you will want to have independent counsel review any agreement before filing to ensure the final judgment is durable and enforceable.