Mediation
Mediation Law
Welcome to Mediation. By looking at this page you have taken the first vital step towards resolution and control.
What is mediation?
Mediation is a version of Alternative Dispute Resolution or ADR. It is a process to facilitate communication between individuals who have a dispute and are stuck in a disagreement. In Divorce or Custody, mediation is sometimes the best way to facilitate the discussion and resolution differing opinions on the pertinent issues. Mediation involves the use of a third party to help you come to a resolution. It is often voluntary and allows the parties control over structure of the resolution without the interference of the Court. In Connecticut, the court has jurisdiction to force you into family relations mediation. This type of mediation is not voluntary, but is similar to having a gatekeeper who allows you to reduce the weight of cases on the court.
Is Mediation for you?
It is hard to decide that your family dynamics have to change. Mediation in the State of Connecticut is often a forced part of entry into the court process. The question becomes, if I am forced into the process of mediation, then is it really a mediation. A true mediation is voluntary and brings with it confidentiality. In Connecticut, you are told that anything said in mediation is not admissible or discussed in the court. However, that is not always true. There are plenty of times where information is used in court. In mediation that is not the case. Traditional mediation has complete privacy. Is that something that you need?
How does traditional mediation work compared to CT family relations?
Family Relations: Works as a part of the litigation system of Connecticut. One person or the other files a motion with the court. At some point before you are in front of a judge you must meet with family relations. That meeting is calls an RPD. At the RPD you and your opposition and your attorneys (if any are involved meet with the court officer and discuss the isues that brought you to court. The purpose of the meeting is not to resolve the case, but to discover what track the case will take. The tracks are marked A,B,C. One area means that you will have minimum court assistance. In another track you will be referred to family relations for more assistance which can be mediator meetings or full custody evaluations. The final track is reserved for high conflict cases which will need lots of attention. In the old mediation for Connecticut the family relations officer would tell people what the court would likely decide. As gatekeeper they did not have the time or resources to allow people to talk out their cases and come to a resolution. Often parties only had 15 to 30 minutes of time to discuss the situation. This meant that the officer often told the parties what to do and how to resolve the cases dispute.
Traditional Mediation
One or both of the parties makes the decision to mediate the disagreement. At some point, both parties sign on to the mediation process. You will meet either together or separately to illuminate the disagreement and communicate on how to resolve the problem. The discussion is completely confidential. You are allowed time to work on different problems. You and /or, your partner in the mediation, work together. The time you take to resolve the particular dilemma is decided by you. You are the arbiter of your own future and the driver of your own train.
Results
Not all people are perfect for mediation. But those who are familiar with the Connecticut court system before the pandemic know that it was focused on a form of mediation. Our new program has lost that ability. What this leaves for parents and divorcing couples? It leaves them unable to have the time or assistance to resolve the resolvable. So, the people leave the system angry and bitter and more pushed into their respective corners than ever before.
Services Cost
- 1/2 consult (free)
- 2. 1 hour $250
- first meeting $500