The new law, which goes into effect on October 1, 2005, offers to couples going through divorce another alternative to litigation. The courts, however, still retain some powers of judicial oversight: a judge must determine that parties have entered arbitration voluntarily and assess whether the agreement to arbitrate is fair and equitable under the circumstances. Furthermore, only judges will continue to have the power to decide issues relating to the children, including child support, custody or visitation.
For the full text of the statute, click here.
For more Connecticut law and ADR resources, visit the web site for the Connecticut Bar Association, including its Alternative Dispute Resolution section, which offers a useful list of local, national, and international ADR links recommended by members of the ADR section and other contributors.