Mediation - Public Act 09-186, Section 9

1. "Eligible owner" means an owner described in section 13a-80 of the general statutes who
   
   
   1. Retained residency on the property for a period of ten years or more following the date on which the state notified such owner that the property was to be obtained by the state for highway purposes, and
      
   2. Was notified that such property is not needed by the Department of Transportation for highway purposes, and
      
      
   3. Failed to negotiate the purchase of property pursuant to section 13a-80 of the general statutes, and
      
      
2. "Property" means any land and buildings owned by the state and obtained for or in connection with highway purposes or for the efficient accomplishment of such purposes or formerly used for highway purposes, which real property is not required for such purposes, and is subject to the provisions of section 13a-80* of the general statutes.

Introduction

• Mediations are conducted by a panel comprised of the Department of Environmental Protection (DEP), the Department of Administrative Services (DAS) and the Office of Policy and Management (OPM).  The State Properties Review Board (SPRB) facilitates the mediation process.
  
  
• The mediation process is an informal, cooperating, problem-solving process.  Its goal is to assist participants in reaching an agreement which is acceptable to, and binding on, both parties.
  
  
• The mediators act as a neutral, third party and facilitate the efficient discussion of relevant issues and the exploration of possible options to resolve differences between the DOT and eligible owners.
  
  
• Unless otherwise required by law, the mediation process is confidential and no information shared during the mediation process will be disclosed; however, the Public Act does require the mediators to submit to the Legislature, a written summary of the agreement.
  
  
• The mediators reserve the right to request relevant information they believe is necessary to assist the parties in resolving their dispute.
  
  
• Public Act 09-186 limits the issues to be mediated to "the value of the property and the purchase price"
  
  
• The mediators cannot impose a decision or settlement upon the parties; however, they may make non-binding recommendations.

• At least 14 days before the mediation session, the parties deliver to the mediators a statement of facts and a summary of each party's position.
  
  
• Each party may be represented by legal counsel or an authorized representative.
  
  
• Each party receives a "Guidelines for Mediation" document and signs an "Agreement to Terms of Mediation"

• Mediation sessions begin with an introductory statement from the mediators which explains the process and guidelines.
  
  
• Each party will then have an opportunity to tell their story in their own words without interruption.
  
  
• After the initial statements, the mediators may have separate meetings (i.e. a "caucus") with each party during which participants may discuss other interests or issues confidentially with the mediators.
  
  
• Information revealed during a caucus will not be revealed to the other party without permission.
  
  
• The process may continue with combined meetings and caucuses to develop options and ultimately reach an agreement.
  
  
• If an agreement is reached, it is subject to approval of the legislative committees as required under the Public Act.

• The mediators are required to submit a report to the appropriate legislative committees which summarizes the results of the mediation process.
  
  
• The legislative committees will approve or disapprove the agreement
  
  
• After approval by the legislative committees, the eligible owner has 15 days to sign a purchase and sale agreement for the agreed upon and approved amount.