Assembly Bill A8497

2009-2010 Legislative Session

Establishes the uniform mediation act

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A8497 (ACTIVE) - Details

See Senate Version of this Bill:
S5422
Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 74 §§7401 - 7411, CPLR
Versions Introduced in Other Legislative Sessions:
2011-2012: A1756, S683
2013-2014: S139
2015-2016: S4026, S6338
2017-2018: S1017

2009-A8497 (ACTIVE) - Summary

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

2009-A8497 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8497

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced by M. of A. LENTOL, KAVANAGH -- read once and referred 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:

  Section  1.  Short  title. This act shall be known and may be cited as
the "uniform mediation act".
  S 2. The civil practice law and rules is amended by adding a new arti-
cle 74 to read as follows:

                               ARTICLE 74
                            UNIFORM MEDIATION
SECTION 7401. DEFINITIONS.
        7402. SCOPE.
        7403. PRIVILEGE AGAINST DISCLOSURE; ADMISSIBILITY; DISCOVERY.
        7404. WAIVER AND PRECLUSION OF PRIVILEGE.
        7405. EXCEPTIONS TO PRIVILEGE.
        7406. PROHIBITED MEDIATOR REPORTS.
        7407. CONFIDENTIALITY.
        7408. MEDIATOR'S DISCLOSURE  OF  CONFLICTS  OF  INTEREST;  BACK-
                 GROUND.
        7409. PARTICIPATION IN MEDIATION.
        7410. RELATION  TO  ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL
                 COMMERCE.
        7411. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
  S 7401. DEFINITIONS. AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) "MEDIATION" MEANS A PROCESS IN WHICH A MEDIATOR FACILITATES COMMU-
NICATION AND NEGOTIATION BETWEEN PARTIES TO ASSIST THEM  IN  REACHING  A
VOLUNTARY AGREEMENT REGARDING THEIR DISPUTE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11709-01-9
              

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