State Legislative Update

Authors

Christopher Benne
Tracy Justis
Brandon Lawson
Marty Seaton

Abstract

As a response to a growing number of states enacting legislation regarding mediations 0 , the National Conference of Commissioners on Uniform State Laws (NCCUSL) and the Dispute Resolution section of the American Bar Association, drafted the Uniform Mediation Act (UMA). The goal of the drafters in creating the UMA was to promote uniformity in an area of law that varied greatly from state to state. After observing the approach of several states , the drafters chose to place a broad confidentiality privilege for all mediation participants at the heart of the Act. In addition, the UMA requires the mediator to make special disclosures regarding any potential conflicts of interest the mediator may have in the dispute, in order to help enhance both parties awareness of the mediator's ability to act impartially.

Recommended Citation

Christopher Benne, Tracy Justis, Brandon Lawson, and Marty Seaton, State Legislative Update, 2005 J. Disp. Resol. (2005)
Available at: https://scholarship.law.missouri.edu/jdr/vol2005/iss2/6