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Commission on Civil Court Alternative Dispute Resolution (ADR) Charge: To study and assess the utilization and effectiveness of currently available court- sponsored ADR programs for civil, non- family cases from the perspective of litigants and stakeholders and to make recommendations that will improve the utilization and effectiveness of court sponsored ADR. Civil ADR Programs in Connecticut Courts 2011 Court Operations Unit Civil Division Court-Sponsored ADR Programs • Arbitration • Attorney Trial Referee • Attorney Trial Referee/Special Master for Administrative Appeals • Court Annexed Mediation • Early Intervention • Early Neutral Evaluation • Expedited Process Track • Fact-Finding • Foreclosure Mediation Program • Mediation Specialists-Landlord/Tenant Matters • Summary Jury Trial • Medical Malpractice Mediation Arbitration Legal Authority: C.G.S. Sec. 52-549u through 52-549aa Eligibility: • Jury Cases • Damages claim under $50,000 Process: • Non-binding – right to trial de novo • No record of proceeding • Decision filed within 120 days Attorney Trial Referee Legal Authority: C.G.S. Sec. 52-434(a)(4) Eligibility: • Any civil non-jury case • No jurisdictional limit on damages • Parties consent required • Proceedings on the record • Report filed within 120 days Process: • Referred for settlement conference Attorney Trial Referee / Special Master for Administrative Appeals Legal Authority: C.G.S. Sec. 51-5a Eligibility: • Tax and unemployment appeals that have been claimed to the administrative appeals trial list Process: • Referred for settlement conference Court Annexed Mediation Legal Authority: C.G.S. Sec. 51-5a Eligibility: • Civil cases which will require more than a half-day pretrial conference to settle • Referral may be made by a judge or by request of the parties at any time Process: • Mediation conducted by judge or judge trial referee Early Intervention Legal Authority: C.G.S. Sec. 51-5a Eligibility: • Any civil personal injury or small claims transfer case • At least six months old • At least one defendant has filed an appearance • May be court ordered Process: • Referred to a special master for a settlement conference Early Neutral Evaluation Legal Authority: C.G.S. Sec. 51-5a Eligibility: • Civil cases within 180 days of the return date • Request of the parties • Usually personal injury cases Process: • Referred to a special master for settlement conference Expedited Process Track Legal Authority: C.G.S. Sec. 52- 195b(b)(2) Eligibility: • Civil action involving the ownership, maintenance or use of a private passenger motor vehicle • Each plaintiff’s claim is $75,000 or less • Parties consent required Process: • Referral to ADR program of parties choice • Referral must be within 60 days of return date Fact-Finding Program Legal Authority: C.G.S. Sec. 52-549n through 52-549t Eligibility: • Contract cases (except insurance claims for uninsured an/or underinsured motorists) • Money damages claim only under $50,000 • Based on a promise to pay a definite sum Process: • Proceedings on the record • Finding of fact filed within 120 days • Binding if approved by the court Foreclosure Mediation Program Legal Authority: P.A. 08-176 and P.A. 09-209 Eligibility: • Mortgage foreclosure cases with a return date of July 1, 2008 or after • Property is a residential property • Property has a 1, 2, 3, or 4 units only • Property is the borrower’s primary residence • Property is owner-occupied Process: • Court mediation specialists conduct mediation sessions • Referred by the court or by request of the borrower Mediation Specialists Housing Matters Legal Authority: C.G.S. Sec. 47a-69 Eligibility: • Summary process • Housing civil matters • Entry and detainer Process: • Court mediation specialists conduct mediation sessions • Referred by order of the court or request of the parties Medical Malpractice Mediation Legal Authority: P.A. 10-122 Eligibility: • Civil action alleging personal injury or wrongful death, whether in a tort or in a contract, as a result of the negligence of a health care provider Process: • First mediation session to be conducted by a judge • Subsequent mediation sessions, if agreed to by parties, to be conducted by an experienced attorney at the referral of the judge Summary Jury Trial Legal Authority: C.G.S. Sec. 51-5a Eligibility: • Jury cases • Non-binding • Parties consent required Process: • Abbreviated summary of the case • Judge or judge trial referee presides Private ADR Programs • The court may refer any 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 up to ninety days while the parties meet with the ADR provider.
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