Mediation is a process in which the parties to a dispute (and their attorneys) meet with a neutral, third-party mediator who works with the parties to resolve their differences and settle the dispute (often a lawsuit). In many civil lawsuits the court will order the parties to engage in mediation.
The parties are not required to settle or resolve their differences at mediation, and if they are unable to do so, the case will proceed to trial, with the judge or jury ultimately resolving the matters in dispute. Settlement talks or discussions at mediation are generally not admissible in evidence at trial.
In Connecticut, mediation is a recognized alternative dispute resolution process where a neutral third-party mediator assists the parties in a dispute to reach a voluntary settlement. The state encourages the use of mediation in civil lawsuits, and courts may order parties to engage in mediation before proceeding to trial. While participation in mediation is often mandatory when ordered by the court, reaching a settlement is not. Parties retain the right to proceed to trial if they cannot resolve their differences through mediation. Importantly, Connecticut law generally protects the confidentiality of mediation proceedings. This means that communications, negotiations, or settlement offers made during mediation are not admissible as evidence in a subsequent trial, as per Connecticut General Statutes and relevant case law. This confidentiality is designed to promote open and honest dialogue in mediation without fear that statements could be used against a party if the case goes to trial.