Connecticut Mediation: Process, Costs, and Confidentiality

Mediation in Connecticut is a voluntary, confidential process where a neutral third party helps people in a legal dispute negotiate their own resolution instead of going to trial. The mediator has no power to decide the case or impose an outcome; the parties themselves control the result.¹ The state’s Judicial Branch runs several court-connected programs, and private mediators handle disputes outside those programs. Costs range from nothing in foreclosure mediation to several hundred dollars an hour for a private mediator in a complex civil or family case.

Which Cases Can Be Mediated

Connecticut offers mediation across several categories of legal disputes through court-connected programs and private practice.

Family and dissolution cases. The Court Support Services Division runs family mediation for contested divorces, covering custody, parenting time, property division, and financial issues. The programs are authorized by Connecticut General Statutes sections 46b-53a and 46b-59a.²
Civil litigation. Personal injury, contract, and property damage cases can be referred to mediation or other ADR methods if both sides agree. Under Section 52-235c, a court can refer a civil action to an ADR program the parties have chosen, for up to ninety days.³
Foreclosure. The Ezequiel Santiago Foreclosure Mediation Program gives homeowners a structured path to negotiate with their lender.
Probate disputes. The Probate Court Mediation Program handles contested matters like estate administration, conservatorship, and trust disputes, with mediators drawn from a panel of current and retired judges.¹

One boundary worth knowing: small claims cases do not currently have an ADR program in the state. The Judicial Branch previously partnered with UConn Law School’s mediation clinic for certain small claims matters, but that arrangement no longer operates.⁴ For a small claims dispute, you would need to hire a private mediator on your own.

The Foreclosure Mediation Program and Its Deadlines

Foreclosure mediation has the tightest deadlines of any Connecticut program, and homeowners who miss them lose access to it. The program covers owner-occupied residential properties of one to four units that serve as the homeowner’s primary residence, and it applies to foreclosure actions with a return date through June 30, 2029.⁵

When a lender files, it must attach a notice of the mediation program, a blank foreclosure mediation certificate, and an appearance form to the paperwork served on the homeowner. The homeowner then has fifteen days from the return date to file the appearance and completed certificate with the court. That deadline is firm. If the court doesn’t receive those forms in time, it will not assign the case to mediation and the foreclosure proceeds without it.⁵

Once assigned, the lender must deliver an account history and other documents to the mediator and the homeowner within thirty-five days of the return date. The mediation itself is free to homeowners. Gather tax returns, pay stubs, and mortgage statements before the first session so you’re ready to discuss workout options like loan modifications or repayment plans.

How to Prepare

Preparation always starts with documentation. Showing up without your financial picture organized wastes everyone’s time and weakens your position.

Family Cases

Divorce and other family matters almost always require a Financial Affidavit. Connecticut uses two versions: the long form (JD-FM-6-LONG) and the short form (JD-FM-6-SHORT). Use the short form only if your gross annual income is under $75,000 and your total net assets are also under $75,000. If either number exceeds $75,000, use the long form.⁶ Both forms ask for weekly gross income from all sources, mandatory payroll deductions, weekly expenses, real estate and bank account values, and outstanding debts like credit card balances.⁷

A common stumbling block: the forms require everything in weekly amounts. Paid monthly? Multiply by twelve and divide by fifty-two. Paid biweekly? Divide by two. Getting the conversion wrong undermines your credibility before the session begins.

Civil and Other Cases

For civil disputes like contract or personal injury claims, preparation means gathering the documents that support your position: contracts, invoices, correspondence, medical records, repair estimates, and similar evidence. You won’t usually file a financial affidavit, but you should organize a clear summary of your damages or the basis for your defense. The mediator will want to understand what each side is seeking and why, so the more concrete your numbers are, the more productive the session.

Choosing and Paying for a Mediator

Connecticut does not require a statewide license or certification to practice mediation, and a law degree is not required to serve as a mediator. Qualifications vary by program. The probate mediation program, for example, draws from current and retired judges.¹

Costs depend heavily on the program:

Foreclosure mediation. Free to homeowners.
Probate mediation. A flat fee of $350 per day or part of a day under the Probate Court program.¹
Private mediators. Hourly rates for divorce and family mediation generally run from $350 to $600 or more per hour. Complex civil or commercial disputes can push rates higher, particularly for retired judges or specialists.

Look for a mediator with direct experience in your type of dispute. A neutral who handles construction defect cases all day brings different skills than one who mainly mediates custody. Parties typically split the cost equally, though you can agree to a different split. For court-connected programs, the ADR office can provide a list of approved neutrals.²

What a Session Looks Like

Sessions take place in a neutral office, at the courthouse, or increasingly on a secure virtual platform. Most follow a similar structure, though experienced mediators adapt it to the situation.

The mediator usually opens by explaining the ground rules: how the session will proceed, what stays confidential, and what role the mediator plays. Each party then gives an opening statement laying out their perspective without interruption from the other side. This is often where people first get a clear sense of how the other party views the dispute.

After opening statements, the mediator typically shifts between joint discussions and private caucuses, meaning one-on-one conversations in a separate room. The caucus is where most movement happens. People say things to the mediator privately that they would never say with the other side in the room, and a skilled mediator uses those insights to find compromise. The mediator cannot share what you say in caucus without your permission.

There is no fixed time limit for a session, though most run several hours. Complex cases may need multiple sessions over weeks or months. Under Section 52-235c, when a court refers a civil case to mediation, the referral cannot exceed ninety days, and court deadlines are paused during that period.³

Confidentiality

Connecticut law gives mediation communications strong protection. Under Section 52-235d, no participant, whether the mediator, the attorneys, or the parties, can voluntarily disclose or be compelled through discovery to reveal what was said during the process.⁸

There are four exceptions. Disclosure is allowed when all parties consent in writing, when it is needed to enforce a written settlement agreement produced by the mediation, when a statute or court requires it after notice to all parties, or when a court finds the interest of justice outweighs confidentiality.⁸

Finalizing an Agreement

When both sides reach a deal, they draft a written settlement agreement and sign it. That document is a legally binding contract, and what happens next depends on the case type.

In family cases, the signed agreement goes to the court, and a judge reviews the terms. The judge checks that the agreement complies with Connecticut law and, if children are involved, that custody and support arrangements serve the children’s best interests. Once approved, the agreement becomes a court order with the same force as any judgment.

In probate mediation, the signed agreement goes to the probate judge for approval. If approved, the case is resolved. If not, it returns to the probate court’s contested-case track.¹

In civil cases, the parties may file the agreement with the court as a stipulated judgment, or it may function as a private contract between them. Either way, the terms are enforceable. If one side later fails to comply, the other can bring a breach of contract action or, if the agreement was entered as a court order, seek enforcement through contempt proceedings.

If Mediation Fails

Not every mediation ends in a deal, and that is fine. You don’t lose anything by trying. If no agreement is reached, the case simply returns to the court’s regular track and proceeds toward trial or another resolution through litigation.¹ Any partial agreements reached along the way may survive, but the unresolved issues go back to the judge.

Because mediation is confidential, the judge who ultimately hears your case will not know what was said or offered during the sessions. You cannot be penalized for positions you took in mediation, and the other side cannot use your settlement offers against you at trial. That protection is one of the main reasons mediators encourage candor: the process only works if people can speak freely.

For civil cases referred under Section 52-235c, the ninety-day cap means you won’t be stuck in a stalled mediation indefinitely. Once that period expires, court deadlines resume automatically.³

Tax Consequences of a Settlement

A mediated settlement can create a tax bill if the agreement isn’t written carefully. The IRS looks at what the payment is meant to replace, not whether the case settled or went to trial.⁹

Compensation for personal physical injuries or physical sickness is generally excluded from federal income tax under Internal Revenue Code Section 104(a)(2). The exclusion covers the injury itself, pain and suffering tied to the physical injury, related medical expenses you haven’t already deducted, and lost wages caused by the physical injury.¹⁰

Most other settlement proceeds are taxable. Punitive damages are almost always taxable regardless of whether physical injury is involved. Emotional distress damages are taxable unless they stem directly from a physical injury. Interest on a judgment is taxable. And if you previously deducted medical expenses on a tax return, the portion of a settlement that reimburses those costs may be taxable under the tax-benefit rule.⁹

How the agreement is drafted matters. Language that clearly allocates specific dollar amounts to physical injury damages versus other categories gives you a defensible position if the IRS questions the treatment. A lump-sum settlement with vague language invites the IRS to characterize the entire amount as taxable income. If your settlement involves significant money, bringing in a tax professional before you sign is one of the best moves you can make.

1
Connecticut Probate Courts. Probate Mediation
2
Connecticut Judicial Branch. Alternative Dispute Resolution (ADR) Judicial Branch Programs
3
Connecticut General Assembly. Chapter 900 – Court Practice and Procedure
4
Connecticut General Assembly. Small Claims and Landlord-Tenant Cases
5
Justia. Connecticut Code 49-31l – Foreclosure Mediation
6
Connecticut Judicial Branch. JD-FM-6-SHORT – Financial Affidavit
7
Connecticut Judicial Branch. JD-FM-6-LONG – Financial Affidavit
8
Justia. Connecticut Code 52-235d – Mediation Disclosure
9
Internal Revenue Service. Tax Implications of Settlements and Judgments
10
Office of the Law Revision Counsel. 26 USC 104 – Compensation for Injuries or Sickness