ADR Groups Comment on Uniform Mediation Act Draft

Dispute Resolution Journal, February 2000 | Go to article overview

ADR Groups Comment on Uniform Mediation Act Draft


A committee drafting the Uniform Mediation Act (UMA) las made key changes in the draft based on comments from various dispute resolution organizations, including the American Arbitration Association and the Society of Professionals in Dispute Resolution (SPIDR).

Three of the key changes in the proposed Act are: (a) elimination of a part of a subsection which provides for the "manifest injustice" exception in mediation; (b) narrowing of the scope of another subsection in order to remove the option of allowing mediator participation in post-mediation court proceedings in certain cases; (c) a new provision will be added to the Act to make it more difficult to invoke any exceptions to mediation confidentiality.

The proposed Act aims to replace the current patchwork of state laws on mediation by providing a uniform legislation that states could adopt. The first draft was issued in June 1999 by a committee consisting of two panels: a National Conference of Commissioners on Uniform State Laws (NCCUSL) committee and an American Bar Association-Section of Dispute Resolution committee. The two panels have interlocking members-the NCCUSL committee has two ABA members and vice versa.

The committee conducted a public policy meeting Dec. 10-12 in Monterrey, Calif., which was attended by representatives of leading organizations in the mediation community. The mediation community worked closely with the drafting committee in this endeavor, said Dennis Sharp, co-chair of SPIDR's UMA Committee.

Sharp, who facilitated the Monterrey public policy meeting, said the first part of the meeting focused on comments offered by groups such as the AAA, SPIDR, Academy of Family Mediators, Association of Family and Conciliation Courts, Conflict Resolution Education Network, National Association for Community Mediation, Northern California Mediation Association, Judicial Arbitration and Mediation Services Inc. (JAMS), CPR Institute for Dispute Resolution, and California Dispute Resolution Council. The AAA and SPIDR submitted separate written comments, which resulted from collaborative discussion with the other organizations. The AAA's comments were written by Senior Vice President Mark E. Appel.

The participants of the Monterrey meeting broke into three groups to brainstorm on possible changes to the draft. The drafting committee agreed to some key changes advanced by the groups, such as the following:

Elimination of the part of Subsection 2(c)(5) that provides for "manifest injustice" exception in mediation. …

The rest of this article is only available to active members of Questia

Sign up now for a free, 1-day trial and receive full access to:

  • Questia's entire collection
  • Automatic bibliography creation
  • More helpful research tools like notes, citations, and highlights
  • Ad-free environment

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

ADR Groups Comment on Uniform Mediation Act Draft
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Full screen

matching results for page

Cited passage

Style
Citations are available only to our active members.
Sign up now to cite pages or passages in MLA, APA and Chicago citation styles.

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

"Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited passage

Welcome to the new Questia Reader

The Questia Reader has been updated to provide you with an even better online reading experience.  It is now 100% Responsive, which means you can read our books and articles on any sized device you wish.  All of your favorite tools like notes, highlights, and citations are still here, but the way you select text has been updated to be easier to use, especially on touchscreen devices.  Here's how:

1. Click or tap the first word you want to select.
2. Click or tap the last word you want to select.

OK, got it!

Thanks for trying Questia!

Please continue trying out our research tools, but please note, full functionality is available only to our active members.

Your work will be lost once you leave this Web page.

For full access in an ad-free environment, sign up now for a FREE, 1-day trial.

Already a member? Log in now.