Bill Text: NY S06338 | 2015-2016 | General Assembly | Introduced

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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

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                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