Substitute House Bill No. 6971, known as the "Connecticut Uniform Mediation Act," establishes a structured framework for mediation practices in Connecticut, set to take effect on October 1, 2025. The bill defines essential terms such as "mediation," "mediator," and "mediation communication," and specifies the conditions under which the act applies, including mediations mandated by statute or court rules, those agreed upon in a record with an expectation of confidentiality, and mediations conducted by recognized mediators. Notably, the act excludes certain mediations, such as those related to collective bargaining or conducted by judges in their official capacity.
The legislation introduces significant provisions regarding the confidentiality of mediation communications, establishing that these communications are generally privileged and not subject to discovery or admissibility in court unless waived by the parties. It outlines specific circumstances under which this privilege may be waived, such as in cases of threats of violence or when part of a signed agreement. Additionally, the bill mandates that mediators disclose any potential conflicts of interest and prohibits them from reporting on the mediation process to courts or agencies, except for permitted disclosures. The act also incorporates the Model Law on International Commercial Conciliation for international mediations and emphasizes the need for uniformity in mediation laws across states, while including provisions for severability in case any part of the act is deemed invalid. Overall, the Connecticut Uniform Mediation Act aims to enhance mediation practices while safeguarding the confidentiality of the mediation process.