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Mediation Programs /
Alternative Dispute Resolution (ADR)Alternative dispute
resolution, also called ADR, describes methods used to settle
disagreements or disputes without using a judge or magistrate. ADR
methods usually take less time and are less adversarial, than court or
jury trials. There are court-sponsored ADR programs and private ADR
providers.
The Judicial Branch is committed to the expanded utilization of
Alternative Dispute Resolution (ADR) programs to facilitate the
expeditious and equitable resolution of cases.
Upon agreement of the parties, any Civil or Family Matter is eligible
to be referred to a private ADR program. When a case is referred all
court proceedings, including short calendar assignment will be stayed.
The court will set a time limit on the duration of the referral
consistent with applicable rules and statutes.
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At the request of the parties any Civil or Family Matters is eligible
to be referred to court-annexed ADR programs.
For further
information concerning the ADR Programs, please contact Roberta
Palmer, Program Manager at (860) 263-2734, ext. 3041 or
Roberta.Palmer@jud.ct.gov.
Court-Sponsored
ADR Programs
The court
uses designated attorneys with knowledge and expertise in specific areas
to mediate and facilitate settlement conferences to move cases more
quickly through the judicial system and reduce court caseloads. These
attorneys are called non-judicial officers. More
information about non-judicial officers.
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Court-sponsored ADR programs available: |
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Private ADR Programs
Alternative dispute
resolution is so successful in settling cases that many attorneys,
mediation specialists and arbitration organizations offer ADR services.
The parties involved in the case must choose their own private ADR provider. See the Checklist for Choosing a Private ADR Provider below.
Civil and Family Cases
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The court may refer any family or
civil case to a private ADR provider, as long as the parties agree on
the selection of a provider. The court may stay the case (suspend all
judicial action) up to ninety days while the parties meet with the ADR
provider. Complete the court form
"Request
and Stipulation for Referral to a Private Alternative Dispute Resolution
(ADR) Provider", JD-CL-54 to ask for a stay of the case pending
ADR.
Motor Vehicle Cases
- The court may
refer any civil case involving ownership, maintenance or use of a
private passenger motor vehicle to a private ADR provider, as long as
the parties agree on the selection of a provider. The referral must be
made within sixty days of the return date. The court may stay the case
(suspend all judicial action) up to ninety days while the parties meet
with the ADR provider. Complete the court form
"Request
and Stipulation for Referral to a Private Alternative Dispute Resolution
(ADR) Provider", JD-CL-54, to ask for a stay of the case pending
ADR.
Checklist for Choosing a Private ADR Provider:
- What experience does the provider have?
- What specialized education or training does the provider have?
- Does the provider follow any rules of conduct or ethical
standards?
- What is the basis for fees charged?
Arbitration
- Legal Authority: C.G.S. Section 52-549u through 52-549aa
- Eligibility: Any civil case where the judgment is expected to be
less than $50,000 and a claim for a trial by jury and a certificate
of closed pleadings has been filed.
- The parties have a right to a trial de novo.
Attorney Trial Referee
- Legal Authority: C.G.S. Section 52-434(a)(4)
- Eligibility: Any civil non-jury case, with the consent of the
parties. No jurisdictional limit on the amount in controversy.
- The decision is subject to judicial review and approval.
- The parties have the right to appeal.
Attorney Trial
Referee/Special Master for Administrative Appeals
- Eligibility: Tax and unemployment appeals that have been claimed
to the administrative appeals trial list are referred for settlement
conferences.
Child Protection Mediation
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Mediators
participating in the Child Protection Program are not
limited to attorneys, and are not considered Non-Judicial
Officers by the court.
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Eligibility:
Any Child Protection matter including but not limited to,
neglect, termination, permanency review, and guardianship.
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If the
parties reach an agreement, the parties put the agreement in
writing. The agreement is then reviewed in court by the
judge and, if approved, made part of the decision of the
case.
If the parties
do not reach an agreement, they go back to court for the court
to handle.
Court-Annexed
Mediation
Please contact the
manager of the Court Annexed Mediation Program, Roberta Palmer,
Program Manager at (860)
263-2734, ext. 3041 or
Roberta.Palmer@jud.ct.gov;
or the mediation coordinator
Lisa Davis at (860) 263-2734 ext. 3031
with any requests or questions.
Early
Intervention
- Legal Authority: C.G.S. Section 51-5a
- Eligibility: Any civil personal injury or small claims transfer
case which is at least six months old and at least one defendant has
filed an appearance. May be court-ordered.
Early Neutral Evaluation
- Legal Authority: C.G.S. Section 51-5a
- Eligibility: Civil cases within 180 days of the return date, at
the request of the parties, may be referred to a special master for
settlement conference. Usually involves personal injury cases.
Expedited Process Track
- Legal Authority: C.G.S. Section 52-195b(b)(2)
- Eligibility: Any civil action involving the ownership,
maintenance or use of a private passenger motor vehicle where each
plaintiff’s claim is $75,000 or less. All parties must consent.
Consent may be filed with the complaint or later.
- Results in waiver of right to a jury trial, the right to a
record of the trial proceedings, and the right to an appeal. Also
results in priority scheduling for trial assignment.
Fact-Finding Program
- Legal Authority: C.G.S. Section 52-549n through 52-549t
- Eligibility: Contract cases (except insurance claims for
uninsured and/or underinsured motorists) involving money damages
only (less than $50,000 and based on a promise to pay a definite
sum), and a certificate of closed pleadings is filed.
- The decision is subject to judicial review.
Family Services Mediation
- Legal Authority:
- Eligibility: Dissolution (divorce) cases on the limited
contested and contested case lists. May address child custody,
visitation, property and financial issues.
- Statements by the parties during the mediation are confidential
and may not be used as evidence in court.
Foreclosure Mediation Program
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The Foreclosure Mediation Program has been
set up under Public Acts 08-176 and 09-209 to help certain
homeowners and lenders come to an agreement about a mortgage
foreclosure. No foreclosure mediation certificate will be
accepted on or after July 1, 2012.
More...
Housing Specialists-Housing Matters
Special Masters-Family Matters
- Legal Authority: C.G.S. Section 51-5a
- Eligibility: Family cases on the limited contested or contested
case lists may be referred for settlement conferences.
Summary Jury Trials
- Goal: To obtain a non-binding verdict without the expense and
time involved in a full jury trial.
- Eligibility: Civil jury trial cases which will require weeks of
trial time, where the parties voluntarily agree to the process. A
judge or judge trial referee presides over the proceeding.
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