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ADR _final_.ppt - Wikispaces

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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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