Connecticut 2025 Regular Session

Connecticut House Bill HB06971 Compare Versions

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5-General Assembly Substitute Bill No. 6971
5+General Assembly Raised Bill No. 6971
66 January Session, 2025
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10+Referred to Committee on JUDICIARY
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13+Introduced by:
14+(JUD)
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1219 AN ACT ADOPTING THE CONNECTICUT UNIFORM MEDIATION ACT.
1320 Be it enacted by the Senate and House of Representatives in General
1421 Assembly convened:
1522
16-Section 1. (NEW) (Effective October 1, 2025) Sections 1 to 16, inclusive, 1
23+Section 1. (NEW) (Effective October 1, 2025) Sections 1 to 15, inclusive, 1
1724 of this act may be cited as the "Connecticut Uniform Mediation Act". 2
18-Sec. 2. (NEW) (Effective October 1, 2025) As used in sections 1 to 16, 3
25+Sec. 2. (NEW) (Effective October 1, 2025) As used in sections 1 to 15, 3
1926 inclusive, of this act: 4
2027 (1) "Mediation" means a process in which a mediator facilitates 5
2128 communication and negotiation between parties to assist them in 6
2229 reaching a voluntary agreement regarding their dispute. 7
2330 (2) "Mediation communication" means a statement, whether oral or 8
2431 in a record or verbal or nonverbal, that occurs during a mediation or is 9
2532 made for purposes of considering, conducting, participating in, 10
2633 initiating, continuing or reconvening a mediation or retaining a 11
2734 mediator. 12
2835 (3) "Mediator" means an individual who conducts a mediation. 13
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2942 (4) "Nonparty participant" means a person, other than a party or 14
3043 mediator, that participates in a mediation. 15
31-(5) "Mediation party" means a person that participates in a mediation 16 Substitute Bill No. 6971
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44+(5) "Mediation party" means a person that participates in a mediation 16
3645 and whose agreement is necessary to resolve the dispute. 17
3746 (6) "Person" means an individual, corporation, business trust, estate, 18
3847 trust, partnership, limited liability company, association, joint venture, 19
3948 government; governmental subdivision, agency, or instrumentality; 20
4049 public corporation or any other legal or commercial entity. 21
4150 (7) "Proceeding" means: 22
4251 (A) A judicial, administrative, arbitral or other adjudicative process, 23
4352 including related prehearing and posthearing motions, conferences and 24
4453 discovery; or 25
4554 (B) A legislative hearing or similar process. 26
4655 (8) "Record" means information that is inscribed on a tangible 27
4756 medium or that is stored in an electronic or other medium and is 28
4857 retrievable in perceivable form. 29
4958 (9) "Sign" means: 30
5059 (A) To execute or adopt a tangible symbol with the present intent to 31
5160 authenticate a record; or 32
5261 (B) To attach or logically associate an electronic symbol, sound or 33
5362 process to or with a record with the present intent to authenticate a 34
5463 record. 35
5564 Sec. 3. (NEW) (Effective October 1, 2025) (a) Except as otherwise 36
56-provided in subsection (b) or (c) of this section and section 12 of this act, 37
57-sections 1 to 16, inclusive, of this act apply to a mediation in which: 38
65+provided in subsection (b) or (c) of this section, sections 1 to 15, 37
66+inclusive, of this act apply to a mediation in which: 38
5867 (1) The mediation parties are required to mediate by statute or court 39
5968 or administrative agency rule or referred to mediation by a court, 40
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6075 administrative agency or arbitrator; 41
6176 (2) The mediation parties and the mediator agree to mediate in a 42
6277 record that demonstrates an expectation that mediation 43
63-communications will be privileged against disclosure; or 44 Substitute Bill No. 6971
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78+communications will be privileged against disclosure; or 44
6879 (3) The mediation parties use as a mediator an individual who holds 45
6980 himself or herself out as a mediator or the mediation is provided by a 46
7081 person that holds itself out as providing mediation. 47
71-(b) Sections 1 to 16, inclusive, of this act do not apply to a mediation: 48
82+(b) Sections 1 to 15, inclusive, of this act do not apply to a mediation: 48
7283 (1) Relating to the establishment, negotiation, administration or 49
7384 termination of a collective bargaining relationship; 50
7485 (2) Relating to a dispute that is pending under or is part of the 51
7586 processes established by a collective bargaining agreement, except that 52
76-sections 1 to 16, inclusive, of this act apply to a mediation arising out of 53
87+sections 1 to 15, inclusive, of this act apply to a mediation arising out of 53
7788 a dispute that has been filed with an administrative agency or a court; 54
78-(3) Conducted by a judge of the Superior Court or by any Judicial 55
79-Branch employee who performs mediations in the course of such 56
80-employee's employment; 57
89+(3) Conducted by a judge who might make a ruling on the case, or by 55
90+a Judicial Branch employee who performs mediations in the course of 56
91+such employee's employment; 57
8192 (4) Arising from a proceeding governed by chapter 48, 68, 113 or 166 58
8293 of the general statutes; 59
8394 (5) Commenced prior to October 1, 2025, which is subject to the 60
8495 provisions of section 52-235d of the general statutes; 61
8596 (6) Commenced prior to October 1, 2025, which is administered under 62
8697 the auspices of section 46b-53a of the general statutes; or 63
8798 (7) Conducted under the auspices of: 64
8899 (A) A primary or secondary school if all the parties are students; or 65
89100 (B) A correctional institution for youths if all the parties are residents 66
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90107 of the institution. 67
91108 (c) If the parties agree in advance in a signed record, or a record of 68
92109 proceeding reflects agreement by the parties, that all or part of a 69
93110 mediation is not privileged, the privileges under sections 4 to 6, 70
94111 inclusive, of this act, do not apply to the mediation or part agreed upon, 71
95-except that sections 4 to 6, inclusive, of this act apply to a mediation 72 Substitute Bill No. 6971
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112+except that sections 4 to 6, inclusive, of this act apply to a mediation 72
100113 communication made by a person that has not received actual notice of 73
101114 the agreement before the communication is made. 74
102115 Sec. 4. (NEW) (Effective October 1, 2025) (a) Except as otherwise 75
103116 provided in section 6 of this act, a mediation communication is 76
104117 privileged as provided in subsection (b) of this section and is not subject 77
105118 to discovery or admissible in evidence in a proceeding unless waived or 78
106119 precluded as provided by section 5 of this act. 79
107120 (b) In a proceeding, the following privileges apply: 80
108121 (1) A mediation party may refuse to disclose, and may prevent any 81
109122 other person from disclosing, a mediation communication. 82
110123 (2) A mediator may refuse to disclose a mediation communication, 83
111124 and may prevent any other person from disclosing a mediation 84
112125 communication of the mediator. 85
113126 (3) A nonparty participant may refuse to disclose, and may prevent 86
114127 any other person from disclosing, a mediation communication of the 87
115128 nonparty participant. 88
116129 (c) Evidence or information that is otherwise admissible or subject to 89
117130 discovery does not become inadmissible or protected from discovery 90
118131 solely by reason of its disclosure or use in a mediation. 91
119132 Sec. 5. (NEW) (Effective October 1, 2025) (a) A privilege under section 92
120133 4 of this act may be waived in a record or orally during a proceeding if 93
121134 it is expressly waived by all parties to the mediation and: 94
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122141 (1) In the case of the privilege of a mediator, it is expressly waived by 95
123142 the mediator; and 96
124143 (2) In the case of the privilege of a nonparty participant, it is expressly 97
125144 waived by the nonparty participant. 98
126145 (b) A person that discloses or makes a representation about a 99
127-mediation communication which prejudices another person in a 100 Substitute Bill No. 6971
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146+mediation communication which prejudices another person in a 100
132147 proceeding is precluded from asserting a privilege under section 4 of 101
133148 this act, but only to the extent necessary for the person prejudiced to 102
134149 respond to the representation or disclosure. 103
135150 (c) A person that intentionally uses a mediation to plan, attempt to 104
136151 commit or commit a crime, or to conceal an ongoing crime or ongoing 105
137152 criminal activity is precluded from asserting a privilege under section 4 106
138153 of this act. 107
139154 Sec. 6. (NEW) (Effective October 1, 2025) (a) There is no privilege under 108
140155 section 4 of this act for a mediation communication that is: 109
141156 (1) In an agreement evidenced by a record signed by all parties to the 110
142157 agreement; 111
143158 (2) Available to the public under the Freedom of Information Act, as 112
144159 defined in section 1-200 of the general statutes, or made during a session 113
145160 of a mediation which is open, or is required by law to be open, to the 114
146161 public; 115
147162 (3) A threat or statement of a plan to inflict bodily injury or commit a 116
148163 crime of violence; 117
149164 (4) Intentionally used to plan a crime, attempt to commit or commit a 118
150165 crime, or to conceal an ongoing crime or ongoing criminal activity; 119
151166 (5) Sought or offered to prove or disprove a claim or complaint of 120
152167 professional misconduct or malpractice filed against a mediator; 121
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153174 (6) Except as otherwise provided in subsection (c) of this section, 122
154175 sought or offered to prove or disprove a claim or complaint of 123
155176 professional misconduct or malpractice filed against a mediation party, 124
156177 nonparty participant, or representative of a party based on conduct 125
157178 occurring during a mediation; or 126
158179 (7) Sought or offered to prove or disprove abuse, neglect, 127
159180 abandonment or exploitation in a proceeding in which a child or adult 128
160-protective services agency is a party, unless the proceeding is referred 129 Substitute Bill No. 6971
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181+protective services agency is a party, unless the proceeding is referred 129
165182 by a court to mediation and the child or adult protective services agency 130
166183 participates in the mediation. 131
167184 (b) There is no privilege under section 4 of this act if a court, 132
168185 administrative agency or arbitrator finds, after a hearing in camera, that 133
169186 the party seeking discovery or the proponent of the evidence has shown 134
170187 that the evidence is not otherwise available, that there is a need for the 135
171188 evidence that substantially outweighs the interest in protecting 136
172189 confidentiality, and that the mediation communication is sought or 137
173190 offered in: 138
174191 (1) A court proceeding involving a felony or misdemeanor; or 139
175192 (2) Except as otherwise provided in subsection (c) of this section, a 140
176193 proceeding to prove a claim to rescind or reform or a defense to avoid 141
177194 liability on a contract arising out of the mediation. 142
178195 (c) A mediator may not be compelled to provide evidence of a 143
179196 mediation communication referred to in subdivision (6) of subsection 144
180197 (a) of this section or subdivision (2) of subsection (b) of this section. 145
181198 (d) If a mediation communication is not privileged under subsection 146
182199 (a) or (b) of this section, only the portion of the communication 147
183200 necessary for the application of the exception from nondisclosure may 148
184201 be admitted. Admission of evidence under subsection (a) or (b) of this 149
185202 section does not render the evidence, or any other mediation 150
186203 communication, discoverable or admissible for any other purpose. 151
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187210 Sec. 7. (NEW) (Effective October 1, 2025) (a) Except as required in 152
188211 subsection (b) of this section, a mediator may not make a report, 153
189212 assessment, evaluation, recommendation, finding or other 154
190213 communication regarding a mediation to a court, administrative agency 155
191214 or other authority that may make a ruling on the dispute that is the 156
192215 subject of the mediation. 157
193216 (b) A mediator may disclose: 158
194-(1) Whether the mediation occurred or has terminated, whether a 159 Substitute Bill No. 6971
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217+(1) Whether the mediation occurred or has terminated, whether a 159
199218 settlement was reached, and attendance; 160
200219 (2) A mediation communication as permitted under section 6 of this 161
201220 act; or 162
202221 (3) A mediation communication evidencing abuse, neglect, 163
203222 abandonment or exploitation of an individual to a public agency 164
204223 responsible for protecting individuals against such mistreatment. 165
205224 (c) A communication made in violation of subsection (a) of this 166
206225 section may not be considered by a court, administrative agency or 167
207226 arbitrator. 168
208227 Sec. 8. (NEW) (Effective October 1, 2025) Unless subject to the Freedom 169
209228 of Information Act, as defined in section 1-200 of the general statutes, 170
210229 mediation communications are confidential to the extent agreed by the 171
211230 parties or provided by other law or rule of this state. 172
212231 Sec. 9. (NEW) (Effective October 1, 2025) (a) Before accepting a 173
213232 mediation, an individual who is requested to serve as a mediator shall: 174
214233 (1) Make an inquiry that is reasonable under the circumstances to 175
215234 determine whether there are any known facts that a reasonable 176
216235 individual would consider likely to affect the impartiality of the 177
217236 mediator, including a financial or personal interest in the outcome of the 178
218237 mediation and an existing or past relationship with a mediation party 179
219238 or foreseeable participant in the mediation; and 180
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220245 (2) Disclose any such known fact to the mediation parties as soon as 181
221246 is practical before accepting a mediation. 182
222247 (b) If a mediator learns any fact described in subdivision (1) of 183
223248 subsection (a) of this section after accepting a mediation, the mediator 184
224249 shall disclose it as soon as is practicable. 185
225250 (c) At the request of a mediation party, an individual who is 186
226251 requested to serve as a mediator shall disclose the mediator's 187
227-qualifications to mediate a dispute. 188 Substitute Bill No. 6971
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252+qualifications to mediate a dispute. 188
232253 (d) A person that violates subsection (a), (b) or (g) of this section is 189
233254 precluded by the violation from asserting a privilege under section 4 of 190
234255 this act. 191
235256 (e) Subsections (a), (b), (c) and (g) of this section do not apply to a 192
236257 judge acting as a mediator. 193
237-(f) Sections 1 to 16, inclusive, of this act do not require that a mediator 194
258+(f) Sections 1 to 15, inclusive, of this act do not require that a mediator 194
238259 have a special qualification by background or profession. 195
239260 (g) A mediator must be impartial, unless after disclosure of the facts 196
240261 required in subsections (a) and (b) of this section to be disclosed, the 197
241262 parties agree otherwise. 198
242263 (h) Mediation is deemed to have commenced when the referral or 199
243264 agreement to mediate is made. 200
244265 Sec. 10. (NEW) (Effective October 1, 2025) An attorney or other 201
245-individual designated by a party may accompany the party to, and 202
246-participate in, a mediation, provided an accompanying individual who 203
247-is not an attorney shall not be allowed or authorized to practice law 204
248-without a license, or attempt to practice law without a license by 205
249-attempting to provide legal advice to any mediation participant. A 206
250-waiver of participation given before the mediation may be rescinded. 207
251-Sec. 11. (NEW) (Effective October 1, 2025) (a) In this section, "Model 208
252-Law" means the Model Law on International Commercial Conciliation 209
253-adopted by the United Nations Commission on International Trade Law 210
254-on June 28, 2002, and recommended by the United Nations General 211
255-Assembly in a resolution (A/RES/57/18) dated November 19, 2002, and 212
256-"international commercial mediation" means an international 213
257-commercial conciliation as defined in Article 1 of the Model Law. 214
258-(b) Except as otherwise provided in subsections (c) and (d) of this 215
259-section, if a mediation is an international commercial mediation, the 216
260-mediation is governed by the Model Law. 217
261-(c) Unless the parties agree in accordance with subsection (c) of 218 Substitute Bill No. 6971
266+individual designated by a party may accompany the party to and 202
267+participate in a mediation. A waiver of participation given before the 203
268+mediation may be rescinded. 204
269+Sec. 11. (NEW) (Effective October 1, 2025) (a) In this section, "Model 205
270+Law" means the Model Law on International Commercial Conciliation 206
271+adopted by the United Nations Commission on International Trade Law 207
272+on June 28, 2002, and recommended by the United Nations General 208
273+Raised Bill No. 6971
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266-section 3 of this act that all or part of an international commercial 219
267-mediation is not privileged, sections 4, 5 and 6 of this act and any 220
268-applicable definitions in section 2 of this act also apply to the mediation 221
269-and nothing in Article 10 of the Model Law derogates from sections 4, 5 222
270-and 6 of this act. 223
271-(d) If the parties to an international commercial mediation agree 224
272-under Article 1, subsection (7), of the Model Law that the Model Law 225
273-does not apply, sections 1 to 16, inclusive, of this act apply. 226
274-Sec. 12. (NEW) (Effective October 1, 2025) Notwithstanding the 227
275-provisions of sections 1 to 16, inclusive, of this act, any voluntary 228
276-agreement to enter into mediation in a contested matter before the 229
277-Probate Court shall be governed by the procedures and administrative 230
278-requirements prescribed in the rules of said court. 231
279-Sec. 13. (NEW) (Effective October 1, 2025) Sections 1 to 16, inclusive, of 232
280-this act modify, limit or supersede the federal Electronic Signatures in 233
281-Global and National Commerce Act, 16 USC 7001 et seq., but sections 1 234
282-to 16, inclusive, of this act do not modify, limit or supersede Section 235
283-101(c) of said act or authorize electronic delivery of any of the notices 236
284-described in Section 103(b) of said act. 237
285-Sec. 14. (NEW) (Effective October 1, 2025) In applying and construing 238
286-the uniform provisions of sections 1 to 16, inclusive, of this act, 239
287-consideration should be given to the need to promote uniformity of the 240
288-law with respect to its subject matter among states that enact such 241
289-uniform provisions. 242
290-Sec. 15. (NEW) (Effective October 1, 2025) If any provision of sections 243
291-1 to 16, inclusive, of this act, or application of sections 1 to 16, inclusive, 244
292-of this act, to any person or circumstance is held invalid, the invalidity 245
293-does not affect other provisions or applications of sections 1 to 16, 246
294-inclusive, of this act, which can be given effect without the invalid 247
295-provision or application, and to this end the provisions of sections 1 to 248
296-16, inclusive, of this act are severable. 249 Substitute Bill No. 6971
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279+Assembly in a resolution (A/RES/57/18) dated November 19, 2002, and 209
280+"international commercial mediation" means an international 210
281+commercial conciliation as defined in Article 1 of the Model Law. 211
282+(b) Except as otherwise provided in subsections (c) and (d) of this 212
283+section, if a mediation is an international commercial mediation, the 213
284+mediation is governed by the Model Law. 214
285+(c) Unless the parties agree in accordance with subsection (c) of 215
286+section 3 of this act that all or part of an international commercial 216
287+mediation is not privileged, sections 4, 5 and 6 of this act and any 217
288+applicable definitions in section 2 of this act also apply to the mediation 218
289+and nothing in Article 10 of the Model Law derogates from sections 4, 5 219
290+and 6 of this act. 220
291+(d) If the parties to an international commercial mediation agree 221
292+under Article 1, subsection (7), of the Model Law that the Model Law 222
293+does not apply, sections 1 to 15, inclusive, of this act apply. 223
294+Sec. 12. (NEW) (Effective October 1, 2025) Sections 1 to 15, inclusive, of 224
295+this act modify, limit or supersede the federal Electronic Signatures in 225
296+Global and National Commerce Act, 15 USC 7001 et seq., but sections 1 226
297+to 15, inclusive, of this act do not modify, limit or supersede Section 227
298+101(c) of said act or authorize electronic delivery of any of the notices 228
299+described in Section 103(b) of said act. 229
300+Sec. 13. (NEW) (Effective October 1, 2025) In applying and construing 230
301+the uniform provisions of sections 1 to 15, inclusive, of this act, 231
302+consideration should be given to the need to promote uniformity of the 232
303+law with respect to its subject matter among states that enact such 233
304+uniform provisions. 234
305+Sec. 14. (NEW) (Effective October 1, 2025) If any provision of sections 235
306+1 to 15, inclusive, of this act, or application of sections 1 to 15, inclusive, 236
307+of this act, to any person or circumstance is held invalid, the invalidity 237
308+does not affect other provisions or applications of sections 1 to 15, 238
309+Raised Bill No. 6971
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301-Sec. 16. (NEW) (Effective October 1, 2025) (a) Sections 1 to 16, inclusive, 250
302-of this act govern a mediation pursuant to a referral or an agreement to 251
303-mediate made on or after October 1, 2025. 252
304-(b) On and after October 1, 2026, sections 1 to 16, inclusive, of this act, 253
305-govern an agreement to mediate whenever made. 254
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314+
315+inclusive, of this act, which can be given effect without the invalid 239
316+provision or application, and to this end the provisions of sections 1 to 240
317+15, inclusive, of this act are severable. 241
318+Sec. 15. (NEW) (Effective October 1, 2025) (a) Sections 1 to 15, inclusive, 242
319+of this act govern a mediation pursuant to a referral or an agreement to 243
320+mediate made on or after October 1, 2025. 244
321+(b) On and after October 1, 2026, sections 1 to 15, inclusive, of this act, 245
322+govern an agreement to mediate whenever made. 246
306323 This act shall take effect as follows and shall amend the following
307324 sections:
308325
309326 Section 1 October 1, 2025 New section
310327 Sec. 2 October 1, 2025 New section
311328 Sec. 3 October 1, 2025 New section
312329 Sec. 4 October 1, 2025 New section
313330 Sec. 5 October 1, 2025 New section
314331 Sec. 6 October 1, 2025 New section
315332 Sec. 7 October 1, 2025 New section
316333 Sec. 8 October 1, 2025 New section
317334 Sec. 9 October 1, 2025 New section
318335 Sec. 10 October 1, 2025 New section
319336 Sec. 11 October 1, 2025 New section
320337 Sec. 12 October 1, 2025 New section
321338 Sec. 13 October 1, 2025 New section
322339 Sec. 14 October 1, 2025 New section
323340 Sec. 15 October 1, 2025 New section
324-Sec. 16 October 1, 2025 New section
325341
326-JUD Joint Favorable Subst.
342+Statement of Purpose:
343+To adopt the Connecticut Uniform Mediation Act.
344+
345+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
346+that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
347+underlined.]
327348