Mediation During Active Divorce Litigation with Judge Ken Shluger (Retired)
Efficient Resolution of Divorce Litigation Through Judicial Mediation & ADR
We offer a better alternative for resolving contested divorce litigation through our private ADR mediation services with Judge Kenneth Shluger (Retired). With over two decades of judicial experience and a legal career spanning more than four decades since his admission to the bar in 1980, Judge Shluger brings exceptional insight as a neutral mediator in complex divorce and family law matters that have reached an impasse in litigation.
For Divorce Litigation Counsel
As experienced family law attorneys, you understand that prolonged litigation often serves neither your clients nor their families. Our ADR service offers a strategic alternative when:
- Settlement negotiations have stalled despite good-faith efforts
- Discovery disputes threaten to derail progress
- Specific contested issues could benefit from judicial perspective
- Clients seek to manage and contain litigation expenses
- Court backlogs delay resolution of time-sensitive issues
- Clients would benefit from a confidential forum
Key Advantages for Your Litigation Clients
Maintaining Client Control
Unlike a trial where decision-making power shifts entirely to the court, ADR with Judge Shluger allows your clients to maintain control over outcomes. This collaborative approach means no outcome is imposed without your client’s agreement, preserving their autonomy in critical family matters.
Dedicated Time and Attention
A private retired judge mediator offers what the overburdened court system cannot: extensive, focused time dedicated exclusively to your client’s case. Judge Shluger can devote an entire day to understanding the nuances of your client’s specific family situation and financial circumstances, allowing for more thoughtful and personalized resolution options.
Litigation Reality Testing
Judge Shluger can help your clients understand the practical realities of litigation from a judicial perspective, including potential outcomes, timelines, and procedural challenges. This insight often facilitates more pragmatic decision-making and can help manage client expectations effectively.
The Advantage of a Retired Judge in Mid-Litigation ADR
Judge Shluger’s extensive bench experience, combined with his 40+ years in the legal profession, provides unique value to litigation counsel:
- Evaluative Insight: Realistic assessment of how similar issues have been decided at trial
- Effective Communication: Ability to explain complex legal realities to clients in understandable terms
- Strategic Direction: Helping counsel and clients prioritize strong positions versus compromise points
- Regulatory Knowledge: Deep familiarity with Connecticut family law statutes and case law
- Settlement Facilitation: Breaking deadlocks using techniques refined through years of pretrial conferences
Full-Day Mid-Litigation ADR Process
Unlike the multi-session approach of comprehensive divorce mediation, our litigation ADR service is structured as an intensive, full-day session designed for counsel and clients who have already engaged in substantive litigation:
Pre-Mediation Session Submissions: A Strategic Foundation
Judge Shluger has designed a carefully structured pre-session submission process to maximize mediation effectiveness. This process includes both shared and confidential components:
Common Documents Exchanged Between Parties
- Proposed orders outlining your client’s position on all contested issues
- Factual case summary with chronology of critical dates
- Basic facts sheet covering essential background information
- Financial affidavits and relevant supporting documentation
Confidential Submissions to Judge Shluger Only
- Analysis of sensitive issues that might impact mediation dynamics
- Candid assessment of strengths and weaknesses in your client’s case
- Forthright evaluation of the opposing party’s strongest arguments
- Settlement history and potential compromise positions
- Specific concerns about client expectations or communication challenges
This strategic approach allows Judge Shluger to thoroughly prepare for the mediation with a comprehensive understanding of both the shared facts and the confidential perspectives of each side, setting the stage for productive negotiations.
Full-Day ADR Structure
- Opening Joint Session: Brief statements of issues and positions by counsel
- Targeted Issue Discussions: Systematic approach to resolving contested points
- Breakout Consultations: Private attorney-client discussions with Judge Shluger’s input
- Agreement Drafting: On-site preparation of settlement terms for immediate execution
Preparing Clients for ADR Success
Counsel can maximize ADR effectiveness by:
- Emphasizing the difference between mediation and trial
- Managing expectations regarding compromise
- Ensuring complete financial documentation is available
- Preparing clients for direct participation in discussions
- Coming with settlement authority parameters clearly defined
Other Flexible ADR Arrangements
As each family is different, Freed Marcroft offers scheduling and structural flexibility to accommodate different needs:
- Full-Day Sessions: Typically 10:00 AM to 4:00 PM
- In-Person or Virtual: Both formats are available
- Multi-Phase Approach: For complex cases requiring separate sessions on distinct issues
- Streamlined Options: More focused formats may also be available based on the nuances and needs of the case
Maintaining Litigation Integrity Throughout Mid-Litigation Mediation
Although it’s unusual, we understand that unsuccessful ADR may necessitate continuing litigation. Our process:
- Preserves all litigation rights and positions
- Maintains confidentiality of settlement discussions
- Avoids procedural complications for ongoing litigation
- Provides a clear demarcation between settlement efforts and court proceedings
Making the Case for ADR to Your Client
When discussing mediation with Judge Shluger as an option with your clients, these talking points have proven effective:
- Superior Outcomes: Mediation consistently produces more complete, creative, and thoughtful resolutions than trial outcomes. The collaborative process allows for customized solutions that address nuanced family dynamics in ways that court-imposed judgments cannot match.
- Client as Solution Architect: Unlike a trial where clients must hand control to their attorneys and the court, mediation empowers clients to actively create and shape their own solutions, not merely veto unfavorable ones.
- Beyond Legal Constraints: Court proceedings are bound by strict evidentiary rules and time limitations that often prevent clients’ most important concerns from being fully addressed. Mediation allows exploration of issues that matter deeply to clients but might be legally peripheral—financial anxieties, co-parenting philosophies, emotional closure—creating more personalized and satisfying resolutions.
- Dedicated Resolution Focus: When trial looms, even the most diligent attorneys must balance settlement negotiations against trial preparation, creating an inevitable competition for time and attention. Engaging Judge Shluger allows complete devotion to resolution efforts outside court, with the benefit of his judicial presence, approach, and wisdom guiding the process.
- Comparative Costs: Concrete discussion of ADR costs versus continued litigation through trial.
- Timeline Advantages: Specific comparison of ADR resolution timeframe versus court scheduling realities.
- Privacy Benefits: The confidential nature of mediation versus the public record of court proceedings.
- Post-Divorce Relationship: For clients with children, highlighting how ADR can preserve co-parenting relationships better than adversarial court proceedings.
About Judge Kenneth Shluger
Judge Kenneth Shluger brings a comprehensive legal background spanning more than four decades to his role as mediator or private judge arbitrator. Admitted to the bar in 1980, he practiced law for 24 years before being appointed to the Connecticut Superior Court in 2004. During his judicial career, he presided over numerous complex family law matters, developing deep insight into the challenges spouses face in contested divorce cases.
This unique combination of extensive practice experience and judicial service gives Judge Shluger a comprehensive understanding of family law from both the advocacy and adjudicative perspectives, providing valuable insight for attorneys and their clients seeking resolution through ADR.
Interested in Mediation for Your Entire Divorce?
If you’re considering mediation as the process to resolve your entire divorce rather than as a mid-litigation alternative, visit our Divorce Mediation page to explore how mediation can guide you from the start.
Professional Referrals
To discuss referring clients for ADR with Judge Shluger, or for assistance coordinating with opposing counsel on scheduling, please contact our office. We welcome inquiries from family law practitioners throughout Connecticut.