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General Assembly Substitute Bill No. 6971
January Session, 2025
AN ACT ADOPTING THE CONNECTICUT UNIFORM MEDIATION ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2025) Sections 1 to 16, inclusive, 1
of this act may be cited as the "Connecticut Uniform Mediation Act". 2
Sec. 2. (NEW) (Effective October 1, 2025) As used in sections 1 to 16, 3
inclusive, of this act: 4
(1) "Mediation" means a process in which a mediator facilitates 5
communication and negotiation between parties to assist them in 6
reaching a voluntary agreement regarding their dispute. 7
(2) "Mediation communication" means a statement, whether oral or 8
in a record or verbal or nonverbal, that occurs during a mediation or is 9
made for purposes of considering, conducting, participating in, 10
initiating, continuing or reconvening a mediation or retaining a 11
mediator. 12
(3) "Mediator" means an individual who conducts a mediation. 13
(4) "Nonparty participant" means a person, other than a party or 14
mediator, that participates in a mediation. 15
(5) "Mediation party" means a person that participates in a mediation 16 Substitute Bill No. 6971
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and whose agreement is necessary to resolve the dispute. 17
(6) "Person" means an individual, corporation, business trust, estate, 18
trust, partnership, limited liability company, association, joint venture, 19
government; governmental subdivision, agency, or instrumentality; 20
public corporation or any other legal or commercial entity. 21
(7) "Proceeding" means: 22
(A) A judicial, administrative, arbitral or other adjudicative process, 23
including related prehearing and posthearing motions, conferences and 24
discovery; or 25
(B) A legislative hearing or similar process. 26
(8) "Record" means information that is inscribed on a tangible 27
medium or that is stored in an electronic or other medium and is 28
retrievable in perceivable form. 29
(9) "Sign" means: 30
(A) To execute or adopt a tangible symbol with the present intent to 31
authenticate a record; or 32
(B) To attach or logically associate an electronic symbol, sound or 33
process to or with a record with the present intent to authenticate a 34
record. 35
Sec. 3. (NEW) (Effective October 1, 2025) (a) Except as otherwise 36
provided in subsection (b) or (c) of this section and section 12 of this act, 37
sections 1 to 16, inclusive, of this act apply to a mediation in which: 38
(1) The mediation parties are required to mediate by statute or court 39
or administrative agency rule or referred to mediation by a court, 40
administrative agency or arbitrator; 41
(2) The mediation parties and the mediator agree to mediate in a 42
record that demonstrates an expectation that mediation 43
communications will be privileged against disclosure; or 44 Substitute Bill No. 6971
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(3) The mediation parties use as a mediator an individual who holds 45
himself or herself out as a mediator or the mediation is provided by a 46
person that holds itself out as providing mediation. 47
(b) Sections 1 to 16, inclusive, of this act do not apply to a mediation: 48
(1) Relating to the establishment, negotiation, administration or 49
termination of a collective bargaining relationship; 50
(2) Relating to a dispute that is pending under or is part of the 51
processes established by a collective bargaining agreement, except that 52
sections 1 to 16, inclusive, of this act apply to a mediation arising out of 53
a dispute that has been filed with an administrative agency or a court; 54
(3) Conducted by a judge of the Superior Court or by any Judicial 55
Branch employee who performs mediations in the course of such 56
employee's employment; 57
(4) Arising from a proceeding governed by chapter 48, 68, 113 or 166 58
of the general statutes; 59
(5) Commenced prior to October 1, 2025, which is subject to the 60
provisions of section 52-235d of the general statutes; 61
(6) Commenced prior to October 1, 2025, which is administered under 62
the auspices of section 46b-53a of the general statutes; or 63
(7) Conducted under the auspices of: 64
(A) A primary or secondary school if all the parties are students; or 65
(B) A correctional institution for youths if all the parties are residents 66
of the institution. 67
(c) If the parties agree in advance in a signed record, or a record of 68
proceeding reflects agreement by the parties, that all or part of a 69
mediation is not privileged, the privileges under sections 4 to 6, 70
inclusive, of this act, do not apply to the mediation or part agreed upon, 71
except that sections 4 to 6, inclusive, of this act apply to a mediation 72 Substitute Bill No. 6971
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communication made by a person that has not received actual notice of 73
the agreement before the communication is made. 74
Sec. 4. (NEW) (Effective October 1, 2025) (a) Except as otherwise 75
provided in section 6 of this act, a mediation communication is 76
privileged as provided in subsection (b) of this section and is not subject 77
to discovery or admissible in evidence in a proceeding unless waived or 78
precluded as provided by section 5 of this act. 79
(b) In a proceeding, the following privileges apply: 80
(1) A mediation party may refuse to disclose, and may prevent any 81
other person from disclosing, a mediation communication. 82
(2) A mediator may refuse to disclose a mediation communication, 83
and may prevent any other person from disclosing a mediation 84
communication of the mediator. 85
(3) A nonparty participant may refuse to disclose, and may prevent 86
any other person from disclosing, a mediation communication of the 87
nonparty participant. 88
(c) Evidence or information that is otherwise admissible or subject to 89
discovery does not become inadmissible or protected from discovery 90
solely by reason of its disclosure or use in a mediation. 91
Sec. 5. (NEW) (Effective October 1, 2025) (a) A privilege under section 92
4 of this act may be waived in a record or orally during a proceeding if 93
it is expressly waived by all parties to the mediation and: 94
(1) In the case of the privilege of a mediator, it is expressly waived by 95
the mediator; and 96
(2) In the case of the privilege of a nonparty participant, it is expressly 97
waived by the nonparty participant. 98
(b) A person that discloses or makes a representation about a 99
mediation communication which prejudices another person in a 100 Substitute Bill No. 6971
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proceeding is precluded from asserting a privilege under section 4 of 101
this act, but only to the extent necessary for the person prejudiced to 102
respond to the representation or disclosure. 103
(c) A person that intentionally uses a mediation to plan, attempt to 104
commit or commit a crime, or to conceal an ongoing crime or ongoing 105
criminal activity is precluded from asserting a privilege under section 4 106
of this act. 107
Sec. 6. (NEW) (Effective October 1, 2025) (a) There is no privilege under 108
section 4 of this act for a mediation communication that is: 109
(1) In an agreement evidenced by a record signed by all parties to the 110
agreement; 111
(2) Available to the public under the Freedom of Information Act, as 112
defined in section 1-200 of the general statutes, or made during a session 113
of a mediation which is open, or is required by law to be open, to the 114
public; 115
(3) A threat or statement of a plan to inflict bodily injury or commit a 116
crime of violence; 117
(4) Intentionally used to plan a crime, attempt to commit or commit a 118
crime, or to conceal an ongoing crime or ongoing criminal activity; 119
(5) Sought or offered to prove or disprove a claim or complaint of 120
professional misconduct or malpractice filed against a mediator; 121
(6) Except as otherwise provided in subsection (c) of this section, 122
sought or offered to prove or disprove a claim or complaint of 123
professional misconduct or malpractice filed against a mediation party, 124
nonparty participant, or representative of a party based on conduct 125
occurring during a mediation; or 126
(7) Sought or offered to prove or disprove abuse, neglect, 127
abandonment or exploitation in a proceeding in which a child or adult 128
protective services agency is a party, unless the proceeding is referred 129 Substitute Bill No. 6971
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by a court to mediation and the child or adult protective services agency 130
participates in the mediation. 131
(b) There is no privilege under section 4 of this act if a court, 132
administrative agency or arbitrator finds, after a hearing in camera, that 133
the party seeking discovery or the proponent of the evidence has shown 134
that the evidence is not otherwise available, that there is a need for the 135
evidence that substantially outweighs the interest in protecting 136
confidentiality, and that the mediation communication is sought or 137
offered in: 138
(1) A court proceeding involving a felony or misdemeanor; or 139
(2) Except as otherwise provided in subsection (c) of this section, a 140
proceeding to prove a claim to rescind or reform or a defense to avoid 141
liability on a contract arising out of the mediation. 142
(c) A mediator may not be compelled to provide evidence of a 143
mediation communication referred to in subdivision (6) of subsection 144
(a) of this section or subdivision (2) of subsection (b) of this section. 145
(d) If a mediation communication is not privileged under subsection 146
(a) or (b) of this section, only the portion of the communication 147
necessary for the application of the exception from nondisclosure may 148
be admitted. Admission of evidence under subsection (a) or (b) of this 149
section does not render the evidence, or any other mediation 150
communication, discoverable or admissible for any other purpose. 151
Sec. 7. (NEW) (Effective October 1, 2025) (a) Except as required in 152
subsection (b) of this section, a mediator may not make a report, 153
assessment, evaluation, recommendation, finding or other 154
communication regarding a mediation to a court, administrative agency 155
or other authority that may make a ruling on the dispute that is the 156
subject of the mediation. 157
(b) A mediator may disclose: 158
(1) Whether the mediation occurred or has terminated, whether a 159 Substitute Bill No. 6971
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settlement was reached, and attendance; 160
(2) A mediation communication as permitted under section 6 of this 161
act; or 162
(3) A mediation communication evidencing abuse, neglect, 163
abandonment or exploitation of an individual to a public agency 164
responsible for protecting individuals against such mistreatment. 165
(c) A communication made in violation of subsection (a) of this 166
section may not be considered by a court, administrative agency or 167
arbitrator. 168
Sec. 8. (NEW) (Effective October 1, 2025) Unless subject to the Freedom 169
of Information Act, as defined in section 1-200 of the general statutes, 170
mediation communications are confidential to the extent agreed by the 171
parties or provided by other law or rule of this state. 172
Sec. 9. (NEW) (Effective October 1, 2025) (a) Before accepting a 173
mediation, an individual who is requested to serve as a mediator shall: 174
(1) Make an inquiry that is reasonable under the circumstances to 175
determine whether there are any known facts that a reasonable 176
individual would consider likely to affect the impartiality of the 177
mediator, including a financial or personal interest in the outcome of the 178
mediation and an existing or past relationship with a mediation party 179
or foreseeable participant in the mediation; and 180
(2) Disclose any such known fact to the mediation parties as soon as 181
is practical before accepting a mediation. 182
(b) If a mediator learns any fact described in subdivision (1) of 183
subsection (a) of this section after accepting a mediation, the mediator 184
shall disclose it as soon as is practicable. 185
(c) At the request of a mediation party, an individual who is 186
requested to serve as a mediator shall disclose the mediator's 187
qualifications to mediate a dispute. 188 Substitute Bill No. 6971
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(d) A person that violates subsection (a), (b) or (g) of this section is 189
precluded by the violation from asserting a privilege under section 4 of 190
this act. 191
(e) Subsections (a), (b), (c) and (g) of this section do not apply to a 192
judge acting as a mediator. 193
(f) Sections 1 to 16, inclusive, of this act do not require that a mediator 194
have a special qualification by background or profession. 195
(g) A mediator must be impartial, unless after disclosure of the facts 196
required in subsections (a) and (b) of this section to be disclosed, the 197
parties agree otherwise. 198
(h) Mediation is deemed to have commenced when the referral or 199
agreement to mediate is made. 200
Sec. 10. (NEW) (Effective October 1, 2025) An attorney or other 201
individual designated by a party may accompany the party to, and 202
participate in, a mediation, provided an accompanying individual who 203
is not an attorney shall not be allowed or authorized to practice law 204
without a license, or attempt to practice law without a license by 205
attempting to provide legal advice to any mediation participant. A 206
waiver of participation given before the mediation may be rescinded. 207
Sec. 11. (NEW) (Effective October 1, 2025) (a) In this section, "Model 208
Law" means the Model Law on International Commercial Conciliation 209
adopted by the United Nations Commission on International Trade Law 210
on June 28, 2002, and recommended by the United Nations General 211
Assembly in a resolution (A/RES/57/18) dated November 19, 2002, and 212
"international commercial mediation" means an international 213
commercial conciliation as defined in Article 1 of the Model Law. 214
(b) Except as otherwise provided in subsections (c) and (d) of this 215
section, if a mediation is an international commercial mediation, the 216
mediation is governed by the Model Law. 217
(c) Unless the parties agree in accordance with subsection (c) of 218 Substitute Bill No. 6971
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section 3 of this act that all or part of an international commercial 219
mediation is not privileged, sections 4, 5 and 6 of this act and any 220
applicable definitions in section 2 of this act also apply to the mediation 221
and nothing in Article 10 of the Model Law derogates from sections 4, 5 222
and 6 of this act. 223
(d) If the parties to an international commercial mediation agree 224
under Article 1, subsection (7), of the Model Law that the Model Law 225
does not apply, sections 1 to 16, inclusive, of this act apply. 226
Sec. 12. (NEW) (Effective October 1, 2025) Notwithstanding the 227
provisions of sections 1 to 16, inclusive, of this act, any voluntary 228
agreement to enter into mediation in a contested matter before the 229
Probate Court shall be governed by the procedures and administrative 230
requirements prescribed in the rules of said court. 231
Sec. 13. (NEW) (Effective October 1, 2025) Sections 1 to 16, inclusive, of 232
this act modify, limit or supersede the federal Electronic Signatures in 233
Global and National Commerce Act, 16 USC 7001 et seq., but sections 1 234
to 16, inclusive, of this act do not modify, limit or supersede Section 235
101(c) of said act or authorize electronic delivery of any of the notices 236
described in Section 103(b) of said act. 237
Sec. 14. (NEW) (Effective October 1, 2025) In applying and construing 238
the uniform provisions of sections 1 to 16, inclusive, of this act, 239
consideration should be given to the need to promote uniformity of the 240
law with respect to its subject matter among states that enact such 241
uniform provisions. 242
Sec. 15. (NEW) (Effective October 1, 2025) If any provision of sections 243
1 to 16, inclusive, of this act, or application of sections 1 to 16, inclusive, 244
of this act, to any person or circumstance is held invalid, the invalidity 245
does not affect other provisions or applications of sections 1 to 16, 246
inclusive, of this act, which can be given effect without the invalid 247
provision or application, and to this end the provisions of sections 1 to 248
16, inclusive, of this act are severable. 249 Substitute Bill No. 6971
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Sec. 16. (NEW) (Effective October 1, 2025) (a) Sections 1 to 16, inclusive, 250
of this act govern a mediation pursuant to a referral or an agreement to 251
mediate made on or after October 1, 2025. 252
(b) On and after October 1, 2026, sections 1 to 16, inclusive, of this act, 253
govern an agreement to mediate whenever made. 254
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 New section
Sec. 2 October 1, 2025 New section
Sec. 3 October 1, 2025 New section
Sec. 4 October 1, 2025 New section
Sec. 5 October 1, 2025 New section
Sec. 6 October 1, 2025 New section
Sec. 7 October 1, 2025 New section
Sec. 8 October 1, 2025 New section
Sec. 9 October 1, 2025 New section
Sec. 10 October 1, 2025 New section
Sec. 11 October 1, 2025 New section
Sec. 12 October 1, 2025 New section
Sec. 13 October 1, 2025 New section
Sec. 14 October 1, 2025 New section
Sec. 15 October 1, 2025 New section
Sec. 16 October 1, 2025 New section
JUD Joint Favorable Subst.