•  
  •  
 

Abstract

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

Share

COinS
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.