Connecticut Small Claims Mediation: What Happens Before the Hearing

How Mediation Works in Connecticut Small Claims

When you arrive at the courthouse for your small claims hearing, the court may offer mediation before your case goes in front of a magistrate. Mediation is voluntary, and it is offered in many small claims sessions.

A court-appointed mediator sits down with both parties and tries to help you reach a settlement. The mediator does not decide who is right or wrong. They facilitate a conversation, help both sides understand each other's position, and look for a middle ground.

If you reach an agreement, both parties sign a written stipulation. The court enters it as an enforceable court order — meaning if the other side does not follow through, you can enforce it like any other judgment. If mediation fails, your case goes straight to trial before the magistrate that same day, with no penalty for having tried.

When Mediation Is Offered

Where court-connected mediation is offered, it takes place on the hearing day before the magistrate hears the case. Not every courthouse or every case gets the offer — availability depends on the court's mediation program and whether both parties show up.

You will not receive advance notice that mediation will be available. It is presented as an option when you check in at the clerk's window. If the other party does not show up, there is nothing to mediate, and the magistrate proceeds with your case (usually toward a default judgment if the defendant failed to answer).

If you want to explore mediation before filing, ask a Court Service Center about local options.

Should You Accept Mediation?

Mediation makes the most sense when:

• Both parties want a resolution. If the defendant genuinely wants to settle but disagrees on the amount, mediation can close the gap faster than a hearing.
• You have an ongoing relationship. Neighbours, business partners, landlord-tenant situations — a negotiated agreement may preserve the relationship better than a magistrate's ruling.
• The facts are messy. If your evidence is mixed (some receipts are missing, the timeline is unclear), a mediated settlement avoids the risk of losing on a technicality.
• Speed matters. A mediated settlement happens that day. A hearing might result in a reserved decision where the magistrate mails the ruling days or weeks later.

Mediation is less useful when:

• The other party is not acting in good faith. If the defendant has ignored your demand letter, dodged service, and is clearly stalling, mediation may just burn time.
• You have an airtight case. If your evidence is strong and the claim is straightforward, a magistrate can enter judgment in your favour quickly.
• You want a ruling on the merits. A mediated settlement entered by the court is enforceable, but it does not decide who was right. A magistrate's judgment resolves the dispute after a hearing.

What Happens During a Mediation Session

A typical small claims mediation session lasts 15 to 45 minutes. Here is the usual flow:

1. The mediator introduces themselves and explains the process — the mediator is neutral, and either party can end the voluntary session at any time.
2. Each party gives their side. You will describe what happened, what you are owed, and why. The other party does the same. The mediator may ask clarifying questions.
3. The mediator identifies common ground. Often both parties agree on what happened but disagree on the amount. The mediator helps narrow the gap.
4. Proposals go back and forth. The mediator may shuttle between the parties (in separate rooms) or keep everyone at the same table. You are not required to accept any offer.
5. If you agree, you sign a written stipulation setting out the terms — how much will be paid, by when, and how.

You are never locked in. If the other side's offer is unreasonable, you simply tell the mediator you want to proceed to trial. The case then proceeds to the magistrate.

After Mediation: Enforcing the Agreement

A written stipulation signed by both parties and entered by the court is an enforceable court order. If the other party agrees to pay $3,000 by a specific date and does not follow through, you can pursue post-judgment enforcement — the same tools available for any small claims judgment, including wage execution and bank levy.

Make sure the written stipulation is specific: the exact dollar amount, the payment deadline (or payment schedule if the other party needs to pay in installments), and what happens if a payment is missed. Vague terms are difficult to enforce.

Preparing Either Way

Whether or not mediation is offered, arrive at the courthouse with your full evidence binder — contracts, receipts, photos, certified mail records, and your demand letter. If mediation does not work out, you go to trial immediately. You do not get a second chance to gather your documents.

Our Connecticut small claims filing guide walks through the complete filing and hearing preparation process, including how to organize your evidence and what to expect on court day.

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