Connecticut Divorce Arbitration is an example of Alternative Dispute Resolution in that the contested issues are resolved outside of court. However, it differs from mediation. I think it is easiest to think of mediation as a facilitated settlement process and arbitration as a quicker and potentially less expensive quasi-trial.
Mediation is a process where the spouses agree to hire a divorce mediator (usually a family law attorney) to facilitate settlement. This involves the spouses meeting as many times as necessary with the mediator until an agreement is reached. The agreement is reduced to writing by the mediator and signed by the parties. The parties go to court (typically sans lawyers) and request that a judge approve the agreement – an uncontested divorce. This agreement then becomes their final Separation Agreement. If mediation fails (i.e. no settlement is reached) the case proceeds through the court system.
Arbitration is a procedure similar to a trial. The parties agree that their disputes will be decided by an arbitrator. An arbitrator is usually a seasoned family law attorney or a retired judge. Effective October 1, 2005, Connecticut approved the use of arbitration in certain family law matters such as alimony and property distribution. However, arbitration is not permitted in issues concerning child support, custody or visitation. With limited exceptions, arbitration decisions are final and cannot be appealed.
Why choose arbitration?
Cost – often less expensive than a full court trial.
Time – in some courts the backlog of cases forces parties to wait years for a judge to hear their case. Arbitration is much a speedier process.
Please contact me to discuss Connecticut Divorce Arbitration.