Alternative Dispute Resolution (ADR)
ADR Quick Links
Attorney Application for Designation as a Non-Judicial Officer - PDF
Civil ADR Programs - Definitions
Family ADR Programs
Juvenile ADR Programs
Judges, Senior Judges and Judge Trial Referees available for the J-ADR
Program- PDF
Magistrate Application
Magistrate Guidelines
Magistrate Information Release
Alternative dispute resolution (ADR) can help
people resolve their disputes before a trial. The Judicial Branch
offers a variety of ADR methods such as mediation, arbitration and
settlement conferences which usually take less time, are less formal and
less expensive than a trial.
The Judicial Branch is committed to providing only
those ADR programs which consist of a procedurally fair, cost effective and
ethical process designed to timely resolve the type of dispute at hand,
taking into account the needs of all the involved stakeholders, conducted by
trained neutrals applying best practices, which leads to an outcome or a
change in position the stakeholders find satisfactory, even if the case
itself does not settle.
Civil ADR Programs
For more information about the following ADR Programs, please contact the Court Operations Unit at (860) 263-2734.
For attorneys wishing to serve as an attorney trial referee, fact finder
or arbitrator, see
Application for Designation as a Non-Judicial Officer.
- PDF
Arbitration
Can be used for: Any civil case where the judgment is expected
to be less than $50,000 and a claim for a trial by jury and a certificate of
closed pleadings has been filed.The parties have a right to a trial if the
arbitration is not successful..
Legal Authority: Section 52-549u through 52-549aa
of the Connecticut General Statutes.
Attorney Trial Referees
Can be used for: Any civil, non-jury case, if the
parties consent. No jurisdictional limit on the amount in controversy. The
decision imust be reviewed and approved by the court.
Legal Authority: Section 52-434(a)(4)
of the Connecticut General Statutes.
Judicial-ADR (J-ADR) -
Formerly Court-Annexed Mediation
Can be used for: Civil cases in which the parties wish to have a judicially conducted
conference with a Judge, Senior Judge or Judge Trial Referee for no less
than half a day. Parties may directly schedule the event, subject to
the availability of the agreed-upon judicial official, or complete and e-file
the court form “Request for Judicial Alternative Dispute Resolution
“JD-CV-130 for assignment. Referral to J-ADR may also be initiated by a
presiding civil judge or his/her designee.
Legal Authority: Section 51-5a
of the Connecticut General Statutes.
See
List of Judges, Senior
Judges and Judge Trial Referees Available for J-ADR
– PDF
Fact-Finding Program
Can be used for: Contract cases (except insurance claims for uninsured and/or underinsured
motorists) involving money damages only (less than $50,000 and based on a
promise to pay a definite sum), and a certificate of closed pleadings is
filed.The decision is subject to court review.
Legal Authority: Section 52-549n through 52-549t
of the Connecticut General Statutes.
Foreclosure Mediation Program
The Foreclosure Mediation Program
has been set up to help certain homeowners and lenders come to an agreement
about a mortgage foreclosure. Currently, the program terminates when
mediation has ended with respect to any foreclosure action with a return
date from July 1, 2009 through June 30, 2019.
Notice Regarding Changes to the Foreclosure Mediation Program
- PDF
Landlord-Tenant Mediation
Can be used for: Any housing matter as defined in
Section 47a-68 of the Connecticut General Statutes, including contested or
uncontested summary process and all actions
regarding forcible entry and detainer, back rent, damages, and return of
security deposits.
Legal Authority: Section 47a-69
of the Connecticut General Statutes.
Definitions
The Commission on Civil Court Alternative Dispute Resolution adopted the following definitions in its
Report and Recommendations dated December 11, 2011.
The definitions are taken from Kimberlee K. Kovach, Mediation Principles and Practices (3d ed. 2004)
unless noted otherwise.
Adjudicative: in adjudicatory dispute resolution processes, such as
arbitration and private adjudication, or private judging, the neutral
adjudicates, or makes a decision.
Arbitration: generally conducted by a sole arbitrator or a panel of
three, arbitrators listen to a typically adversarial presentation of all
sides of a case, and thereafter render a decision, usually termed an award;
may be binding and nonbinding in nature.
Caucus: the confidential meeting of members of one side of a dispute,
usually with the mediator, to discuss options and attempt to find a
resolution.
Collaborative: a process
where people are encouraged to work toward resolution in a transparent and
peaceful manner; the goal is to support the parties to unfold the issues and
create fair agreements that will stand the test of time while emphasizing
the importance of a continuing relationship after the conflict has been
resolved.
International Academy of Collaborative Professionals
Conciliative: a process where the
primary focus is on the interpersonal aspect of a conflict; a neutral brings
parties together to discuss matters, and emphasis is placed on the mending
and maintenance of relationships.
Dispute: a conflict or controversy which may become the subject of litigation.
Black’s Law Dictionary (8th Ed. 2004).
Dispute Resolution Provider: a person, other than a judge acting in an
official capacity, who holds himself or herself out to the public as a
qualified neutral person trained to function in the conflict-solving process
using the techniques and procedures of negotiation, conciliation, mediation,
arbitration, mini-trial, moderated settlement conference, neutral expert
fact-finding, summary jury trial, special masters, and related processes.
Adapted from Title 58, Chapter 39a Utah Code Ann. 1953, as amended by
Session Laws of Utah 2009.
Evaluative: a process whereby advocates present their version of a case to one or more
third party neutrals, who then evaluate the strengths and weaknesses of each
case as presented; the primary purpose of neutral case evaluation is to
provide an objective, non-binding and confidential evaluation of a case.
Facilitative: in facilitative
processes, the neutral does not render a decision or an evaluation; rather,
the neutral provides assistance to the parties so that they may reach an
acceptable agreement.
Mediation: a
process where a third party neutral, whether one person or more, acts as a
facilitator to assist in resolving a dispute between two or more parties;
the role of the mediator includes facilitating communication between the
parties, assisting in identifying the real issues of the dispute and the
interests of the parties, and generating options for settlement.
Neutral: a trained third-party who does not have a stake in the
outcome of a dispute and assists the parties toward resolution.
Pretrial Conference: an informal meeting at which opposing attorneys
confer, usually with a judge, to work toward the disposition of a case by
discussing matters of evidence and narrowing the issues that will be tried.
Black’s Law Dictionary (8th Ed. 2004).
Provider: any entity or organization which holds itself out as
managing or administering dispute resolution or conflict solving services.
Adapted from CPR-Georgetown Commission on Ethics and Standards of Practice
in ADR, Principles for ADR Provider Organizations, May 1, 2002.
Settlement: an agreement ending a dispute or lawsuit. Black’s
Law Dictionary (8th Ed. 2004).
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Family ADR Programs
For more information about the Court Support
Services Division (CSSD) Family Services ADR Programs, including Mediation,
please
contact your closest local office. For more information about the Family
Matters Special Masters Programs please contact the Court Operations Unit at
(860) 263-2734.
CSSD Family Services Mediation/ADR
Programs
Can be used for: Dissolution (divorce) cases on the limited contested
and contested case lists. May address child custody, visitation, property
and financial issues.
Legal Authority: Sections 46b-53a; 46b-59a
of the Connecticut General Statutes and Practice Book Section 25-61.
Statements by the parties during the mediation are
confidential and may not be used as evidence in court.
Special Masters-Family Matters
Can be used for:
Family cases on the
limited contested or contested case lists may be referred for settlement
conferences.
Legal Authority: Section 51-5a of the
Connecticut General Statutes.
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Private ADR Programs
Alternative dispute resolution is so successful in
settling cases that many attorneys, mediators and arbitration organizations
offer ADR services. The parties involved in the case must choose their own
private ADR provider. The Judicial Branch does not maintain rosters or
endorse any particular ADR provider. Parties who are thinking about hiring a private
ADR provider may want to ask the following questions:
- What experience does the provider have?
- What specialized education or training does the provider have?
- Does the provider follow any rules of conduct or ethical standards?
- What is the basis for fees charged?
Attorney Application for Designation as a Non-Judicial Officer -
PDF |
Judges, Senior Judges and Judge Trial Referees available for the J-ADR Program
- PDF
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