Connecticut
Summary
The following summarizes statewide court ADR rules and policies. For ADR in a local jurisdiction, see the local court’s website.
Note: This is a summary of state court ADR in Connecticut. Authority for federal court ADR is found in the Alternative Dispute Resolution Act of 1998. Information on federal court ADR rules and procedures can be found on each court’s website. Any studies or evaluations involving federal court ADR in Connecticut. can be found in RSI’s Research Library and in Reports below.
State Legislation
- Connecticut Statute Title 45a, Chap. 801b, Secs. 45a-153: Submission of claims to arbitration
- Connecticut Statute Title 45a, Chap. 801b, Sec. 45a-154: Award of arbitrators
- Connecticut Statute Title 45a, Chap 801b, Sec. 45a-155: Remonstrance against award; Refusal of Court to accept award
- Connecticut Statute Title 45a, Chap 803, Sec. 45a-715: Petition to terminate parental rights; Cooperative postadoption agreements
- Connecticut Statute Title 46a, Chap. 813, Sec. 46a-13o: Representation of child; Judgements or settlements for compensation
- Connecticut Statute Title 46b, Chap. 815j, Sec. 46b-53a: Mediation program for persons filing for dissolution of marriage; Privileged communications
- Connecticut Statute Title 46b, Chap. 815j, Sec. 46b-59a: Mediation of disputes re enforcement of visitation rights
- Connecticut Statute Title 47a Chap. 834, Sec. 47a-69
- Connecticut Statute Title 49, Chap. 846, Sec. 49-31m: Foreclosure Mediation Program
- Connecticut Statute Title 51, Chap. 870, Sec. 51-5a: Duties and powers of Chief Court Administrator
- Connecticut Statute Title 52, Chap. 900, Sec. 52-190c: Mandatory Mediation for Negligence Action Against Health Care Provider
- Connecticut Statute Title 52, Chap. 900, Sec. 52-195b: Referral of civil action involving motor vehicle to alternative dispute resolution program
- Connecticut Statute Title 52, Chap. 900. Sec. 52-235d: Mediation Disclosure
- Connecticut Statute Title 52, Chapter 909, Secs. 52-407aa to 52-424: Arbitration Proceedings
Statewide Court ADR Rules and Policies
State Office of Court ADR:
Statutes
Civil Justice Reform Act of 1990
U.S. Congress. Dec. 1, 1990; amended Dec. 9, 2001Resource Type: Legislation
Abstract: With this bill, each United States district court is required to develop a civil justice expense and delay reduction plan. As part of this plan, the act authorizes district courts to refer appropriate cases to designated ADR programs. The act also re...
Alternative Dispute Resolution Act of 1998
U.S. House of Representatives Office of the Law Revision Counsel. United States Code, Oct. 1, 1998Resource Type: Legislation
Abstract: This act authorizes each United States District Court to require litigants in all civil cases to consider the use of ADR process. It provides the framework by which each district court should promulgate procedures and rules regarding the ADR process ...
Connecticut Statute Title 47a Chap. 834, Sec. 47a-69
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: This statute permits the use of mediation for landlord-tenant issues including forcible entry and detainer, back rent, damages, and return of security deposits. ...
Connecticut Statute Title 45a, Chap. 801b, Sec. 45a-154: Award of arbitrators
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: Following a settlement decision, this section states that arbitral awards should be put in writing, signed by the arbitrator and submitted to the Court of Probate. Unless remonstrance is filed, the award will be binding once it is accepted and filed ...
Connecticut Statute Title 45a, Chap. 801b, Secs. 45a-153: Submission of claims to arbitration
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: Under this section, parties in a dispute filed in probate court are authorized to apply to the court for arbitration. Courts are also authorized to order disputes to arbitration after giving notice to the disputants. ...
Connecticut Statute Title 45a, Chap. 803, Sec. 45a-715: Petition to terminate parental rights; Cooperative postadoption agreements
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: In outlining the process of petitioning for the termination of parental rights, this section requires parties seeking to change or enforce an adoption agreement to go through mediation or other dispute resolution proceeding before the court will act ...
Connecticut Statute Title 46a, Chap. 813, Sec. 46a-13o: Representation of child; Judgments or settlements for compensation
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: In giving the Office of the Child Advocate the right to bring actions on behalf of any child before any state judicial body, this section includes the provision that the Child Advocate should first attempt to resolve disputes through mediation. ...
Connecticut Statute Title 46b, Chap. 815j, Secs. 46b-53a: Mediation program for persons filing for dissolution of marriage; Privileged communications
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: This section allows the Chief Court Administrator to establish mediation programs in district courts to address contested property, financial, and child custody and visitation issues in divorce cases. It also sets confidentiality limits on oral and w...
Connecticut Statute Title 46b, Chap. 815j, Sec. 46b-59a: Mediation of disputes re enforcement of visitation rights
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: This section authorizes the Chief Court Administrator to establish mediation programs to address disputes involving the enforcement of visitation rights. ...
Connecticut Statute Title 52, Chap. 900, Sec. 52-195b: Referral of civil action involving motor vehicle to alternative dispute resolution program; Expedited process case
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: Parties involved in civil actions regarding the ownership, maintenance or use of a private motor vehicle are given the option of referring their case to an alternative dispute resolution program under this section. The section also addresses the fili...
Connecticut Statute Title 52, Chap. 900, Sec. 52-235d: Mediation Disclosure
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: Except in certain cases, this section prohibits mediation participants other than the parties from disclosing oral and written communication made during the mediation process. Such disclosure would be inadmissible in court unless both parties agree t...
Connecticut Statute Title 49, Chap. 846, Sec. 49-31m: Foreclosure Mediation Program
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: Under this law, administrators in each Connecticut district court are required to establish foreclosure mediation programs by July 1, 2008. Actions to foreclose mortgages on residential properties may be sent to mediation at the request of the borrow...
Connecticut Statute Title 51, Chap. 870, Sec. 51-5a: Duties and powers of Chief Court Administrator
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: The Connecticut Court Annexed ADR Program cites this statute as the legal authority for many of the court's ADR programs. It states that the Chief Court Administrator is responsible for "the efficient operation of the department, the prompt dispositi...
Connecticut Statute Title 52, Chapter 909, Secs. 52-407aa to 52-424: Arbitration Proceedings
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: These statutes address arbitration proceedings and outline that parties may agree by contract or in a separate writing to settle controversies through arbitration. Although arbitration may be used in dissolution of marriage cases, arbitration may not...
Connecticut Statute Title 52, Chap. 900, Sec. 52-190c: Mandatory Mediation for Negligence Action Against Health Care Provider
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: This act, which was passed during the 2010 General Assembly session and went into effect July 1, 2010, requires civil actions brought to recover damages for medical negligence to be referred to mandatory mediation. Parties may also agree to have thei...
Connecticut Statute Title 45a, Chap. 801b, Sec. 45a-155: Remonstrance against award; Refusal of Court to accept award.
Connecticut General Assembly. Jan. 1, 2019Resource Type: Legislation
Abstract: If an interested party to a probate dispute objects to an arbitral award, the section allows that party to challenge it in court. If the court finds the party's allegations to be "true and sufficient," the court may refuse to accept the award, and th...
Rules
Superior Court of Connecticut Procedure in Civil Matters Rules, Chap. 23 Sec. 60-66: Arbitration; Approval of Arbitrators
Superior Court of Connecticut. Jan. 1, 2019Resource Type: Rules - Court
Abstract: Under these rules, the court may refer, on its own motion, any case to an arbitrator in which the reasonable expectation of judgment is less than $50,000. The rules set forth guidelines for the selection of arbitrators, conducting the arbitration hea...
Superior Court of Connecticut Procedure in Civil Matters Rules, Chap. 23 Sec. 23-67: Alternative Dispute Resolution
Superior Court of Connecticut. Jan. 1, 2019Resource Type: Rules - Court
Abstract: The court is authorized to refer a civil action to alternative dispute resolution upon stipulation of the parties. When a referral is made, the court will stay all proceedings and set a time limit for the ADR referral, which will not exceed 90 days. ...
Reports
ADR in the Federal District Courts: An Initial Report
Stienstra, Donna. Nov. 1, 2011Resource Type: Report
Abstract: This report describes the use of ADR in the federal courts. Twelve years after the Alternative Dispute Resolution Act required federal courts to provide ADR services for all civil cases, every federal district court has authorized at least one form o...
Foreclosure Mediation in Depth: Number of Mediations Conducted Per Month
Kulp, Heather Scheiwe. Aug. 1, 2011Resource Type: Report
Abstract: This report provides information on the number of foreclosure mediations being conducted in court-related programs in 12 states. The report is based on publicly available statistics collected by the author. It includes information on the statewide pr...
Foreclosure Mediation Programs Funding: A Review of 24 Currently Operating Foreclosure Mediation Programs
Kulp, Heather Scheiwe. Jan. 26, 2011Resource Type: Report
Abstract: This report describes the structure and funding of foreclosure mediation programs in 24 states. It also reviews how compensation is provided, if at all, for program staff, mediators and attorneys for borrowers. An executive summary of this report is...
Now We're Talking: A Look at Current State-Based Foreclosure Mediation Programs and How to Bring Them to Scale
Cohen, Alon; Jakabovics, Andrew. Jun. 1, 2010Resource Type: Report
Abstract: This report reviews foreclosure mediation programs established in 21 states. It describes the programs' structures and provides settlement statistics, where available. The authors argue that mandatory mediation programs have proven to be more effecti...
It's Time We Talked: Mandatory Mediation in the Foreclosure Process
Jakabovics, Andrew; Cohen, Alon. Jun. 1, 2009Resource Type: Report
Abstract: This report from June 2009 calls for federal government to play an active role in promoting mandatory foreclosure mediation programs across the country. The authors review the foreclosure mediation programs currently in place in Connecticut, Pennsylv...
Exemplary Family Court Programs and Practices: Profiles of Innovative and Accountable Court-Connected Programs
AFCC Court Services Task Force Exemplary Practices Sub-Committee. May. 1, 2005Resource Type: Report
Abstract: This report provides information on court programs found to represent the best practices of the courts. Programs in the report include collaborative divorce, child protection mediation, permanency planning mediation, and mediation for cases involving...
Effectiveness of Access and Visitation Grant Programs
Department of Health and Human Services Office of Inspector General. Oct. 1, 2002Resource Type: Report
Abstract: This report is based on 254 cases from five states and analyzes the "extent to which the Access and Visitation Grants increased access rights, visitation, and child support payment compliance" (p.1) of noncustodial parents. Two sets of analysis - one...
Connecticut Judicial Branch Statistics: Foreclosure Mediation Program
State of Connecticut Judicial Branch.Resource Type: Statistics
Abstract: This website provides statistics for Connecticut's statewide foreclosure mediation program, which was established July 2008. Statistics are provided by outcome, as well as judicial district. The site also provides a glossary to explain certain court ...
Evaluation of Court-Annexed Arbitration in Three Federal District Courts
Lind, Allan; Shapard, John E.. Sep. 1, 1983Resource Type: Evaluation
Abstract: This is a report of the evaluation of three federal mandatory arbitration programs, which were piloted in the Eastern District of Pennsylvania, the Northern District of California, and the District of Connecticut. The information was compiled by dist...
Contacts
Connecticut Judicial Branch Foreclosure Mediation Program
State of Connecticut Judicial Branch. Jul. 1, 2008Resource Type: Program
Abstract: This website for Connecticut's foreclosure mediation program features resources for participants in the program. Under the program, mediation is mandatory for all eligible foreclosure cases in which the homeowner files an appearance. The website feat...
State of Connecticut Judicial Branch ADR Programs
State of Connecticut Judicial Branch.Resource Type: Program
Abstract: The State of Connecticut Judicial Branch provides the following court-sponsored alternative dispute resolution (ADR) programs: arbitration, attorney trial referee, court-annexed mediation, early intervention, early neutral evaluation, expedited proce...