In this article, we describe how these two efforts have come together to forge an international consensus on mediation and conciliation. In Part I, we look at how some of the different ways that domestic nationals treat the confidentiality of conciliation communications. The disparity of these treatments leads to considerable uncertainty among parties to a conciliation. In Part II, we note the essential features of the UNCITRAL Model Law, and how it addresses this uncertainty through model rules that will harmonize international standards among adopting nations, at least on core issues, while at the same time preserving the flexibility that is necessary for conciliation practices and respecting the autonomy of domestic sovereigns. Finally, in Part III, we compare the UNCITRAL Model Law to the UMA, and discuss the current effort to draft an amendment to the Uniform Mediation Act that will permit states in the United States to assure the harmony between the UMA and the UNCITRAL Model Law
Jernej Sekolec and Michael B. Getty,
UMA and the UNCITRAL Model Rule: An Emerging Consensus on Mediation and Conciliation, The,
2003 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol2003/iss1/9