People considering mediation usually ask a fair question: does it actually work?
One of the better-known court studies comes from the Judicial Council of California. It surveyed parents after 2,812 court-based child-custody mediation sessions. More than 80% of parents gave positive responses about the process, helpfulness, focus on children, and session dynamics. An official California summary also reported that 87% said mediation was a good way to develop a parenting plan and that they would recommend it to a friend with a custody or visitation issue.
Those are encouraging results. They also need to be read carefully.
First, the data are not new
The Judicial Council published Client Feedback in California Court-Based Child Custody Mediation in 2004. The report analyzed parent surveys collected in 1999. It is a useful large-scale look at how parents experienced mediation, but it is not new research and it does not measure every form of divorce mediation.
The study involved court-based custody mediation in California. It was not a study of private, comprehensive divorce mediation in Connecticut.
What the study does show
Most participating parents saw value in the process. The results suggest that mediation can give parents a structured setting to discuss a parenting plan, keep attention on the children, and work through decisions without having a judge decide every detail.
In mediation, the people affected by the agreement take part in making it. A mediator does not decide custody, divide property, or tell either person what outcome to accept. The mediator helps identify the decisions that need to be made and keeps the discussion moving toward a written agreement.
For parents, that may include school exchanges, holidays, communication, activities, travel, and how future changes will be handled. For divorcing spouses, it can include the timing of a home buyout or sale, retirement divisions, and shared debts.
Preparation also matters. Before a financial session, it helps to have recent account statements, debts, income information, mortgage details, and a realistic property value. Before discussing parenting, identify the children’s schedules, medical needs, school commitments, and the issues that have caused conflict.
Preparation does not guarantee an agreement. It reduces time spent arguing about missing facts.
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What the study does not show
The study should not be used to promise that mediation will settle every divorce. It does not establish a success rate for Connecticut divorce cases. It does not tell us that every couple should mediate.
Mediation may not be appropriate where there is domestic violence, intimidation, an inability to provide financial information, or a serious imbalance of power. Some cases need separate attorneys, court orders, or other protections before productive negotiation is possible.
Even when a couple cannot resolve every issue in mediation, the process may narrow the disagreement. Resolving the home, a parenting schedule, or a retirement account can reduce the scope of what remains for attorneys or the court.
What this means for a Connecticut divorce
In Connecticut, you and your spouse may submit a complete agreement for the court’s review. The court remains responsible for entering the divorce judgment. Mediation can help you prepare the decisions and paperwork needed for that agreement, while each person remains free to consult an attorney for independent legal advice.
The California study does not provide a guarantee. It provides a more honest takeaway: when people can participate safely, share the needed information, and work through decisions in a structured setting, most parents in this large court sample reported that mediation was useful.
Compass Mediation CT offers a brief discovery call to discuss the process and whether mediation appears appropriate for your circumstances. Mediation is neutral. It does not provide legal advice, and either person may consult independent counsel at any point.
Sources
- Client Feedback in California Court-Based Child Custody Mediation, Judicial Council of California
- California Courts: Alternative Dispute Resolution Reports & Resources
- California Judicial Council summary reporting the 87% parent response
Aaron Bowman is the founder of Compass Mediation & Consulting LLC in Mansfield, Connecticut. He holds a Juris Master degree and helps Connecticut families resolve divorce and other disputes through clear communication, practical problem-solving, and structured mediation.