Connecticut Mediation Forms - Connecticut Mediation

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Mediation Forms FAQ

What is mediation? 

Mediation is a non-adversarial method of alternative dispute resolution (ADR) in which a neutral third party helps resolve a dispute. The mediator does not have the power to render a decision on the matter or order an outcome. If a satisfactory resolution cannot be reached, the parties can pursue a lawsuit.

Who decides a case in mediation? 

The mediator helps each person evaluate their needs and goals for reaching a solution. All decisions are made by the parties, not the mediator. A mediator may be selected by the parties based upon a recommendation by a friend, attorney, therapist, or another professional. Mediators are also listed in the yellow pages. Courts will often provide a list of mediators. In some situations, a list of approved mediators is provided to select from.

Most mediators receive formal classroom-style training. Some participate in apprenticeships or in mentoring programs. While training alone does not guarantee a competent mediator, most professional mediators have had some type of formal training. Important considerations in selecting a mediator include, among others, fee structure, his or her number of years of mediation, the number of mediations conducted, and types of mediations conducted.

When is mediation used? 

Mediation is often used to help a divorcing or divorced couple work out their differences concerning alimony, child support, custody, visitation and division of property. Some lawyers and mental health professionals employ mediation as part of their practice. Some states require mediation in custody and visitation disputes. Other states allow courts to order mediation and a few states have started using mediation to resolve financial issues as well.

The Federal Mediation and Conciliation Service (FMCS) has primary responsibility is to mediate collective bargaining negotiations, and to otherwise assist in the development of improved workplace relations. It does not handle unfair labor practices or elections under the National Labor Relations Act, nor does it interpret or enforce any statutes or regulations governing notice requirements or labor relations.


What is an Arbitration Agreement?

An arbitration agreement is a legal contract between two parties that decides to resolve disputes outside the court system. It means that instead of going to court, the parties agree to use arbitration to settle any conflicts or disagreements that may arise between them. In Connecticut, an arbitration agreement is enforceable as long as it meets certain requirements, such as being in writing and signed by both parties. It gives individuals and businesses the option to choose arbitration as a quicker and more cost-effective way to resolve their disputes in the state.


How Does Arbitration Work in Business?

Arbitration is a way to resolve business disputes without going to court. It is a process where a neutral third party, called an arbitrator, hears both sides of the dispute and makes a decision. In business, arbitration usually happens when two parties have a contractual agreement that includes an arbitration clause. This clause requires them to use arbitration to settle any disagreements or conflicts that arise from their business relationship. In Connecticut, business arbitration works similarly, following the same principles and procedures. Parties in dispute can choose an arbitrator or rely on an arbitration organization to appoint one. The arbitrator will listen to each side's arguments, review evidence, and then issue a binding decision, known as an arbitration award. This decision is generally final and can be enforced by the courts if necessary.


How Do Arbitration Agreements Work?

Arbitration agreements are contracts between two parties that outline how any disputes between them will be resolved. Instead of going to court, the parties agree to submit their disagreement to an arbitrator, who acts as a neutral third party. The arbitrator listens to both sides and makes a final decision, which is usually binding. In Connecticut, arbitration agreements are recognized and enforced by state law. It means that if two parties in Connecticut have a valid arbitration agreement, they are required to go through the arbitration process rather than taking the dispute to court.


Is an Arbitration Agreement Right for You?

An arbitration agreement is a legal document that determines how disputes or conflicts will be resolved outside of court, usually through mediation. Whether this agreement is right for you in Connecticut will depend on a few factors. If you prefer a more private and confidential process to settle any potential disputes, then an arbitration agreement may be suitable for you. It can be quicker and more cost-effective than going to court. However, it's crucial to understand that by signing an arbitration agreement, you are waiving your right to a trial and the opportunity to have your case heard in a court of law. Therefore, it's important to carefully consider the pros and cons and seek legal advice before entering into such an agreement.


What Does this Agreement Mean for Signatories?

This agreement carries significant implications for the signatories involved, including the state of Connecticut. It means that the parties who have signed this agreement have committed to a set of obligations and responsibilities outlined within it. By doing so, they aim to establish a mutual understanding and collaborate on various matters. For Connecticut, this agreement signifies that the state has agreed to actively participate in the objectives and initiatives of the agreement. It means Connecticut is aligning its actions with other signatories, working together towards common goals, and potentially reaping the benefits that arise from cooperation and shared efforts.