Bill Text: NY S06338 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes the uniform mediation act; establishes that a mediation communication is privileged and is not subject to discovery or admissible in evidence unless waived or precluded; prohibits certain reports to be made by mediators; establishes that mediation communications are confidential; requires mediators to disclose conflicts of interests.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-01-06 - REFERRED TO JUDICIARY [S06338 Detail]
Download: New_York-2015-S06338-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6338 IN SENATE (Prefiled) January 6, 2016 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to estab- lishing the uniform mediation act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "uniform mediation act". 3 § 2. The civil practice law and rules is amended by adding a new arti- 4 cle 74 to read as follows: 5 ARTICLE 74 6 UNIFORM MEDIATION 7 Section 7401. Definitions. 8 7402. Scope. 9 7403. Privilege against disclosure; admissibility; discovery. 10 7404. Waiver and preclusion of privilege. 11 7405. Exceptions to privilege. 12 7406. Prohibited mediator reports. 13 7407. Confidentiality. 14 7408. Mediator's disclosure of conflicts of interest; back- 15 ground. 16 7409. Participation in mediation. 17 7410. Relation to electronic signatures in global and national 18 commerce. 19 7411. Uniformity of application and construction. 20 § 7401. Definitions. As used in this article the following terms shall 21 have the following meanings: 22 (a) "Mediation" means a process in which a mediator facilitates commu- 23 nication and negotiation between parties to assist them in reaching a 24 voluntary agreement regarding their dispute. 25 (b) "Mediation communication" means a statement, whether oral or in a 26 record or verbal or nonverbal, that occurs during a mediation or is made EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09107-01-5