36 | 45 | | and whose agreement is necessary to resolve the dispute. 17 |
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37 | 46 | | (6) "Person" means an individual, corporation, business trust, estate, 18 |
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38 | 47 | | trust, partnership, limited liability company, association, joint venture, 19 |
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39 | 48 | | government; governmental subdivision, agency, or instrumentality; 20 |
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40 | 49 | | public corporation or any other legal or commercial entity. 21 |
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41 | 50 | | (7) "Proceeding" means: 22 |
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42 | 51 | | (A) A judicial, administrative, arbitral or other adjudicative process, 23 |
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43 | 52 | | including related prehearing and posthearing motions, conferences and 24 |
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44 | 53 | | discovery; or 25 |
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45 | 54 | | (B) A legislative hearing or similar process. 26 |
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46 | 55 | | (8) "Record" means information that is inscribed on a tangible 27 |
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47 | 56 | | medium or that is stored in an electronic or other medium and is 28 |
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48 | 57 | | retrievable in perceivable form. 29 |
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49 | 58 | | (9) "Sign" means: 30 |
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50 | 59 | | (A) To execute or adopt a tangible symbol with the present intent to 31 |
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51 | 60 | | authenticate a record; or 32 |
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52 | 61 | | (B) To attach or logically associate an electronic symbol, sound or 33 |
---|
53 | 62 | | process to or with a record with the present intent to authenticate a 34 |
---|
54 | 63 | | record. 35 |
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55 | 64 | | Sec. 3. (NEW) (Effective October 1, 2025) (a) Except as otherwise 36 |
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100 | 113 | | communication made by a person that has not received actual notice of 73 |
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101 | 114 | | the agreement before the communication is made. 74 |
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102 | 115 | | Sec. 4. (NEW) (Effective October 1, 2025) (a) Except as otherwise 75 |
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103 | 116 | | provided in section 6 of this act, a mediation communication is 76 |
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104 | 117 | | privileged as provided in subsection (b) of this section and is not subject 77 |
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105 | 118 | | to discovery or admissible in evidence in a proceeding unless waived or 78 |
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106 | 119 | | precluded as provided by section 5 of this act. 79 |
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107 | 120 | | (b) In a proceeding, the following privileges apply: 80 |
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108 | 121 | | (1) A mediation party may refuse to disclose, and may prevent any 81 |
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109 | 122 | | other person from disclosing, a mediation communication. 82 |
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110 | 123 | | (2) A mediator may refuse to disclose a mediation communication, 83 |
---|
111 | 124 | | and may prevent any other person from disclosing a mediation 84 |
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112 | 125 | | communication of the mediator. 85 |
---|
113 | 126 | | (3) A nonparty participant may refuse to disclose, and may prevent 86 |
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114 | 127 | | any other person from disclosing, a mediation communication of the 87 |
---|
115 | 128 | | nonparty participant. 88 |
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116 | 129 | | (c) Evidence or information that is otherwise admissible or subject to 89 |
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117 | 130 | | discovery does not become inadmissible or protected from discovery 90 |
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118 | 131 | | solely by reason of its disclosure or use in a mediation. 91 |
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119 | 132 | | Sec. 5. (NEW) (Effective October 1, 2025) (a) A privilege under section 92 |
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120 | 133 | | 4 of this act may be waived in a record or orally during a proceeding if 93 |
---|
121 | 134 | | it is expressly waived by all parties to the mediation and: 94 |
---|
132 | 147 | | proceeding is precluded from asserting a privilege under section 4 of 101 |
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133 | 148 | | this act, but only to the extent necessary for the person prejudiced to 102 |
---|
134 | 149 | | respond to the representation or disclosure. 103 |
---|
135 | 150 | | (c) A person that intentionally uses a mediation to plan, attempt to 104 |
---|
136 | 151 | | commit or commit a crime, or to conceal an ongoing crime or ongoing 105 |
---|
137 | 152 | | criminal activity is precluded from asserting a privilege under section 4 106 |
---|
138 | 153 | | of this act. 107 |
---|
139 | 154 | | Sec. 6. (NEW) (Effective October 1, 2025) (a) There is no privilege under 108 |
---|
140 | 155 | | section 4 of this act for a mediation communication that is: 109 |
---|
141 | 156 | | (1) In an agreement evidenced by a record signed by all parties to the 110 |
---|
142 | 157 | | agreement; 111 |
---|
143 | 158 | | (2) Available to the public under the Freedom of Information Act, as 112 |
---|
144 | 159 | | defined in section 1-200 of the general statutes, or made during a session 113 |
---|
145 | 160 | | of a mediation which is open, or is required by law to be open, to the 114 |
---|
146 | 161 | | public; 115 |
---|
147 | 162 | | (3) A threat or statement of a plan to inflict bodily injury or commit a 116 |
---|
148 | 163 | | crime of violence; 117 |
---|
149 | 164 | | (4) Intentionally used to plan a crime, attempt to commit or commit a 118 |
---|
150 | 165 | | crime, or to conceal an ongoing crime or ongoing criminal activity; 119 |
---|
151 | 166 | | (5) Sought or offered to prove or disprove a claim or complaint of 120 |
---|
152 | 167 | | professional misconduct or malpractice filed against a mediator; 121 |
---|
165 | 182 | | by a court to mediation and the child or adult protective services agency 130 |
---|
166 | 183 | | participates in the mediation. 131 |
---|
167 | 184 | | (b) There is no privilege under section 4 of this act if a court, 132 |
---|
168 | 185 | | administrative agency or arbitrator finds, after a hearing in camera, that 133 |
---|
169 | 186 | | the party seeking discovery or the proponent of the evidence has shown 134 |
---|
170 | 187 | | that the evidence is not otherwise available, that there is a need for the 135 |
---|
171 | 188 | | evidence that substantially outweighs the interest in protecting 136 |
---|
172 | 189 | | confidentiality, and that the mediation communication is sought or 137 |
---|
173 | 190 | | offered in: 138 |
---|
174 | 191 | | (1) A court proceeding involving a felony or misdemeanor; or 139 |
---|
175 | 192 | | (2) Except as otherwise provided in subsection (c) of this section, a 140 |
---|
176 | 193 | | proceeding to prove a claim to rescind or reform or a defense to avoid 141 |
---|
177 | 194 | | liability on a contract arising out of the mediation. 142 |
---|
178 | 195 | | (c) A mediator may not be compelled to provide evidence of a 143 |
---|
179 | 196 | | mediation communication referred to in subdivision (6) of subsection 144 |
---|
180 | 197 | | (a) of this section or subdivision (2) of subsection (b) of this section. 145 |
---|
181 | 198 | | (d) If a mediation communication is not privileged under subsection 146 |
---|
182 | 199 | | (a) or (b) of this section, only the portion of the communication 147 |
---|
183 | 200 | | necessary for the application of the exception from nondisclosure may 148 |
---|
184 | 201 | | be admitted. Admission of evidence under subsection (a) or (b) of this 149 |
---|
185 | 202 | | section does not render the evidence, or any other mediation 150 |
---|
186 | 203 | | communication, discoverable or admissible for any other purpose. 151 |
---|
199 | 218 | | settlement was reached, and attendance; 160 |
---|
200 | 219 | | (2) A mediation communication as permitted under section 6 of this 161 |
---|
201 | 220 | | act; or 162 |
---|
202 | 221 | | (3) A mediation communication evidencing abuse, neglect, 163 |
---|
203 | 222 | | abandonment or exploitation of an individual to a public agency 164 |
---|
204 | 223 | | responsible for protecting individuals against such mistreatment. 165 |
---|
205 | 224 | | (c) A communication made in violation of subsection (a) of this 166 |
---|
206 | 225 | | section may not be considered by a court, administrative agency or 167 |
---|
207 | 226 | | arbitrator. 168 |
---|
208 | 227 | | Sec. 8. (NEW) (Effective October 1, 2025) Unless subject to the Freedom 169 |
---|
209 | 228 | | of Information Act, as defined in section 1-200 of the general statutes, 170 |
---|
210 | 229 | | mediation communications are confidential to the extent agreed by the 171 |
---|
211 | 230 | | parties or provided by other law or rule of this state. 172 |
---|
212 | 231 | | Sec. 9. (NEW) (Effective October 1, 2025) (a) Before accepting a 173 |
---|
213 | 232 | | mediation, an individual who is requested to serve as a mediator shall: 174 |
---|
214 | 233 | | (1) Make an inquiry that is reasonable under the circumstances to 175 |
---|
215 | 234 | | determine whether there are any known facts that a reasonable 176 |
---|
216 | 235 | | individual would consider likely to affect the impartiality of the 177 |
---|
217 | 236 | | mediator, including a financial or personal interest in the outcome of the 178 |
---|
218 | 237 | | mediation and an existing or past relationship with a mediation party 179 |
---|
219 | 238 | | or foreseeable participant in the mediation; and 180 |
---|
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 |
---|
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 |
---|
| 277 | + | LCO No. 4623 9 of 10 |
---|
| 278 | + | |
---|
| 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 |
---|
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 |
---|
| 313 | + | LCO No. 4623 10 of 10 |
---|
| 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 |
---|
306 | 323 | | This act shall take effect as follows and shall amend the following |
---|
307 | 324 | | sections: |
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308 | 325 | | |
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309 | 326 | | Section 1 October 1, 2025 New section |
---|
310 | 327 | | Sec. 2 October 1, 2025 New section |
---|
311 | 328 | | Sec. 3 October 1, 2025 New section |
---|
312 | 329 | | Sec. 4 October 1, 2025 New section |
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313 | 330 | | Sec. 5 October 1, 2025 New section |
---|
314 | 331 | | Sec. 6 October 1, 2025 New section |
---|
315 | 332 | | Sec. 7 October 1, 2025 New section |
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316 | 333 | | Sec. 8 October 1, 2025 New section |
---|
317 | 334 | | Sec. 9 October 1, 2025 New section |
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318 | 335 | | Sec. 10 October 1, 2025 New section |
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319 | 336 | | Sec. 11 October 1, 2025 New section |
---|
320 | 337 | | Sec. 12 October 1, 2025 New section |
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321 | 338 | | Sec. 13 October 1, 2025 New section |
---|
322 | 339 | | Sec. 14 October 1, 2025 New section |
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323 | 340 | | Sec. 15 October 1, 2025 New section |
---|