senate Bill S683

2011-2012 Legislative Session

Establishes the uniform mediation act

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to judiciary
Mar 08, 2011 committee discharged and committed to judiciary
Jan 05, 2011 referred to codes

Co-Sponsors

S683 - Bill Details

See Assembly Version of this Bill:
A1756
Current Committee:
Law Section:
Civil Practice Law and Rules
Laws Affected:
Add Art 74 ยงยง7401 - 7411, CPLR
Versions Introduced in 2009-2010 Legislative Session:
S5422, A8497

S683 - Bill Texts

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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.

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BILL NUMBER:S683

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to establishing
the uniform mediation act

PURPOSE:
This bill would enhance the level of confidentiality afforded to
communications made in the context of mediation, require mediators to
disclose conflicts of interest and promote uniformity among state
mediation laws.

SUMMARY OF PROVISIONS:
A new Article 74 would be added to the Civil Practice Laws and Rules
creating a privilege against the disclosure of communications made in
the Course of a mediation; creating a baseline presumption of
confidentiality for such communications; setting forth definitions,
scope, exceptions, and waivers; setting forth what a mediator may and
may not disclose; requiring a mediator to disclose conflicts of
interests before accepting a mediation; permitting attorneys or
others to represent parties in mediation; guiding construction of the
Act by consideration of the need for uniformity among the States; and
providing effective dates as to existing and future mediations; and
providing for severability.

EXISTING LAW:
Current law provides for mediation confidentiality in
some circumstances. For example, mediation communications are
confidential in the Community Dispute Resolution Centers Program,
under Article 21-A of the Judiciary Law. Under CPLR 4547, offers to
compromise are inadmissible to prove the validity or value of claims,
or to prove liability for such claims. Various courts have
established confidentiality rules to govern the mediations they order.

JUSTIFICATION:
Mediation provides a speedy and inexpensive method of resolving
disputes. New York's state-funded Community Dispute Resolution
Centers produced voluntary agreements in 86 percent of the 26,472
cases they handled in FY 2000-2001. NASDAQ, the Better Business
Bureau, the American Arbitration Association, and other private
dispute-settlement organizations also show impressive success rates.
But mediation could and would serve a far greater population of New
Yorkers, and serve it better, if participants could be assured of the
confidentiality of their mediation communications. Open and honest
communication produces better mediation outcomes. The more candidly
participants express their needs and preferences, the more
effectively they can produce mediation solutions. Although current
law provides for confidentiality in some mediations, practitioners
generally cannot ascertain whether or not the courts will protect the
confidentiality of their mediation communications, since no New York
State law currently governs mediation in general, or provides a clear
baseline for mediation confidentiality.

The Uniform Mediation Act provides precisely that: a clear baseline
for mediation confidentiality. The increased use of mediation, which


would almost certainly follow upon enactment of the UMA, would reduce
the costs of disputes for individuals and businesses in New York.

LEGISLATIVE HISTORY:
S.5422 of 2009
05/04/09 REFERRED TO CODES
01/06/10 REFERRED TO CODES

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to all
agreements to mediate and mediations pursuant to a referral entered
into on or after such effective date.

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

                                   683

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03857-01-1

S. 683                              2

  (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.
  (B)  "MEDIATION COMMUNICATION" MEANS A STATEMENT, WHETHER ORAL OR IN A
RECORD OR VERBAL OR NONVERBAL, THAT OCCURS DURING A MEDIATION OR IS MADE
FOR PURPOSES OF CONSIDERING, CONDUCTING, PARTICIPATING  IN,  INITIATING,
CONTINUING, OR RECONVENING A MEDIATION OR RETAINING A MEDIATOR.
  (C) "MEDIATOR" MEANS AN INDIVIDUAL WHO CONDUCTS A MEDIATION.
  (D)  "MEDIATION PARTY" MEANS A PERSON THAT PARTICIPATES IN A MEDIATION
AND WHOSE AGREEMENT IS NECESSARY TO RESOLVE THE DISPUTE.
  (E) "NONPARTY PARTICIPANT" MEANS A PERSON, OTHER THAN A PARTY OR MEDI-
ATOR, THAT PARTICIPATES IN A MEDIATION.
  (F) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST, ESTATE,
TRUST,  PARTNERSHIP,  LIMITED  LIABILITY  COMPANY,  ASSOCIATION,   JOINT
VENTURE, GOVERNMENT, GOVERNMENTAL SUBDIVISION, AGENCY, OR INSTRUMENTALI-
TY, PUBLIC CORPORATION, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY.
  (G) "PROCEEDING" MEANS:
  (1)  A JUDICIAL, ADMINISTRATIVE, ARBITRAL, OR OTHER ADJUDICATIVE PROC-
ESS, INCLUDING RELATED PRE-HEARING  AND  POST-HEARING  MOTIONS,  CONFER-
ENCES, AND DISCOVERY; OR
  (2) A LEGISLATIVE HEARING OR SIMILAR PROCESS.
  (H)  "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE MEDIUM
OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE IN
PERCEIVABLE FORM.
  (I) "SIGN" MEANS:
  (1) TO EXECUTE OR ADOPT A TANGIBLE SYMBOL WITH THE PRESENT  INTENT  TO
AUTHENTICATE A RECORD; OR
  (2)  TO  ATTACH OR LOGICALLY ASSOCIATE AN ELECTRONIC SYMBOL, SOUND, OR
PROCESS TO OR WITH A RECORD WITH THE PRESENT INTENT  TO  AUTHENTICATE  A
RECORD.
  S  7402. SCOPE. (A) EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION (B) OR
(C), THIS ARTICLE APPLIES TO A MEDIATION IN WHICH:
  (1) THE MEDIATION PARTIES ARE REQUIRED TO MEDIATE BY STATUTE OR  COURT
OR  ADMINISTRATIVE  AGENCY  RULE  OR  REFERRED  TO MEDIATION BY A COURT,
ADMINISTRATIVE AGENCY, OR ARBITRATOR;
  (2) THE MEDIATION PARTIES AND THE  MEDIATOR  AGREE  TO  MEDIATE  IN  A
RECORD  THAT  DEMONSTRATES  AN EXPECTATION THAT MEDIATION COMMUNICATIONS
WILL BE PRIVILEGED AGAINST DISCLOSURE; OR
  (3) THE MEDIATION PARTIES USE AS A MEDIATOR AN  INDIVIDUAL  WHO  HOLDS
HIMSELF  OR HERSELF OUT AS A MEDIATOR, OR THE MEDIATION IS PROVIDED BY A
PERSON THAT HOLDS ITSELF OUT AS PROVIDING MEDIATION.
  (B) THIS ARTICLE DOES NOT APPLY TO A MEDIATION:
  (1) RELATING TO THE  ESTABLISHMENT,  NEGOTIATION,  ADMINISTRATION,  OR
TERMINATION OF A COLLECTIVE BARGAINING RELATIONSHIP;
  (2)  RELATING  TO  A  DISPUTE  THAT IS PENDING UNDER OR IS PART OF THE
PROCESSES ESTABLISHED BY A COLLECTIVE BARGAINING AGREEMENT, EXCEPT  THAT
THIS  ARTICLE  SHALL  APPLY TO A MEDIATION ARISING OUT OF A DISPUTE THAT
HAS BEEN FILED WITH AN ADMINISTRATIVE AGENCY OR COURT;
  (3) CONDUCTED BY A JUDGE WHO MIGHT MAKE A RULING ON THE CASE; OR
  (4) CONDUCTED UNDER THE AUSPICES OF:
  (I) A PRIMARY OR SECONDARY SCHOOL IF ALL THE PARTIES ARE STUDENTS; OR
  (II) A CORRECTIONAL INSTITUTION FOR YOUTHS  IF  ALL  THE  PARTIES  ARE
RESIDENTS OF THAT INSTITUTION.
  (C) IF THE PARTIES AGREE IN ADVANCE IN A SIGNED RECORD, OR A RECORD OF
PROCEEDING  SO  REFLECTS,  THAT ALL OR PART OF A MEDIATION IS NOT PRIVI-
LEGED, THE PRIVILEGES UNDER SECTIONS SEVENTY-FOUR HUNDRED THREE,  SEVEN-

S. 683                              3

TY-FOUR  HUNDRED  FOUR AND SEVENTY-FOUR HUNDRED FIVE DO NOT APPLY TO THE
MEDIATION OR PART AGREED UPON.  HOWEVER,  SECTION  SEVENTY-FOUR  HUNDRED
THREE APPLIES TO A MEDIATION COMMUNICATION MADE BY A PERSON THAT HAS NOT
RECEIVED  ACTUAL  NOTICE  OF  THE  AGREEMENT BEFORE THE COMMUNICATION IS
MADE.
  S 7403. PRIVILEGE AGAINST DISCLOSURE;  ADMISSIBILITY;  DISCOVERY.  (A)
EXCEPT  AS  OTHERWISE  PROVIDED  IN SECTION SEVENTY-FOUR HUNDRED FIVE, A
MEDIATION COMMUNICATION IS PRIVILEGED AS PROVIDED IN SUBDIVISION (B) AND
IS NOT SUBJECT TO DISCOVERY OR ADMISSIBLE IN EVIDENCE  IN  A  PROCEEDING
UNLESS  WAIVED  OR PRECLUDED AS PROVIDED IN SECTION SEVENTY-FOUR HUNDRED
FOUR.
  (B) IN A PROCEEDING, THE FOLLOWING PRIVILEGES APPLY:
  (1) A MEDIATION PARTY MAY REFUSE TO  DISCLOSE,  AND  MAY  PREVENT  ANY
OTHER PERSON FROM DISCLOSING, A MEDIATION COMMUNICATION.
  (2)  A  MEDIATOR MAY REFUSE TO DISCLOSE A MEDIATION COMMUNICATION, AND
MAY PREVENT ANY OTHER PERSON FROM DISCLOSING A  MEDIATION  COMMUNICATION
OF THE MEDIATOR.
  (3) A NONPARTY PARTICIPANT MAY REFUSE TO DISCLOSE, AND MAY PREVENT ANY
OTHER  PERSON FROM DISCLOSING, A MEDIATION COMMUNICATION OF THE NONPARTY
PARTICIPANT.
  (C) EVIDENCE OR INFORMATION THAT IS OTHERWISE ADMISSIBLE OR SUBJECT TO
DISCOVERY DOES NOT BECOME INADMISSIBLE OR PROTECTED FROM DISCOVERY SOLE-
LY BY REASON OF ITS DISCLOSURE OR USE IN A MEDIATION.
  S 7404. WAIVER AND PRECLUSION OF  PRIVILEGE.  (A)  A  PRIVILEGE  UNDER
SECTION  SEVENTY-FOUR  HUNDRED THREE MAY BE WAIVED IN A RECORD OR ORALLY
DURING A PROCEEDING IF IT IS EXPRESSLY WAIVED  BY  ALL  PARTIES  TO  THE
MEDIATION AND:
  (1) IN THE CASE OF THE PRIVILEGE OF A MEDIATOR, IT IS EXPRESSLY WAIVED
BY THE MEDIATOR; AND
  (2)  IN  THE  CASE  OF  THE PRIVILEGE OF A NONPARTY PARTICIPANT, IT IS
EXPRESSLY WAIVED BY THE NONPARTY PARTICIPANT.
  (B) A PERSON THAT DISCLOSES OR MAKES A REPRESENTATION  ABOUT  A  MEDI-
ATION  COMMUNICATION  WHICH PREJUDICES ANOTHER PERSON IN A PROCEEDING IS
PRECLUDED FROM ASSERTING A PRIVILEGE UNDER SECTION SEVENTY-FOUR  HUNDRED
THREE,  BUT  ONLY  TO  THE EXTENT NECESSARY FOR THE PERSON PREJUDICED TO
RESPOND TO THE REPRESENTATION OR DISCLOSURE.
  (C) A PERSON THAT INTENTIONALLY USES A MEDIATION TO PLAN,  TO  ATTEMPT
TO COMMIT, OR TO COMMIT A CRIME, OR TO CONCEAL AN ONGOING CRIME OR ONGO-
ING  CRIMINAL  ACTIVITY,  IS  PRECLUDED FROM ASSERTING A PRIVILEGE UNDER
SECTION SEVENTY-FOUR HUNDRED THREE.
  S 7405. EXCEPTIONS TO PRIVILEGE.  (A)  THERE  IS  NO  PRIVILEGE  UNDER
SECTION  SEVENTY-FOUR  HUNDRED  THREE FOR A MEDIATION COMMUNICATION THAT
IS:
  (1) IN AN AGREEMENT EVIDENCED BY A RECORD SIGNED BY ALL PARTIES TO THE
AGREEMENT;
  (2) AVAILABLE TO THE PUBLIC UNDER ARTICLE SIX OR SEVEN OF  THE  PUBLIC
OFFICERS  LAW, OR MADE DURING A SESSION OF A MEDIATION WHICH IS OPEN, OR
IS REQUIRED BY LAW TO BE OPEN, TO THE PUBLIC;
  (3) A THREAT OR STATEMENT OF A PLAN TO INFLICT BODILY INJURY OR COMMIT
A CRIME OF VIOLENCE;
  (4) INTENTIONALLY USED TO PLAN A CRIME, ATTEMPT TO COMMIT A CRIME,  OR
TO CONCEAL AN ONGOING CRIME OR ONGOING CRIMINAL ACTIVITY;
  (5)  LATER SOUGHT OR OFFERED TO PROVE OR DISPROVE A CLAIM OR COMPLAINT
OF PROFESSIONAL MISCONDUCT OR MALPRACTICE FILED AGAINST A MEDIATOR;
  (6) EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION (C), LATER  SOUGHT  OR
OFFERED  TO  PROVE  OR  DISPROVE  A  CLAIM  OR COMPLAINT OF PROFESSIONAL

S. 683                              4

MISCONDUCT OR MALPRACTICE FILED  AGAINST  A  MEDIATION  PARTY,  NONPARTY
PARTICIPANT,  OR  REPRESENTATIVE  OF  A PARTY BASED ON CONDUCT OCCURRING
DURING A MEDIATION; OR
  (7)  LATER SOUGHT OR OFFERED IN A PROCEEDING IN WHICH A CHILD OR ADULT
PROTECTIVE SERVICES AGENCY IS  A  PARTY  TO  PROVE  OR  DISPROVE  ABUSE,
NEGLECT, ABANDONMENT, OR EXPLOITATION, UNLESS THE CHILD OR ADULT PROTEC-
TIVE SERVICES AGENCY PARTICIPATED IN THE MEDIATION.
  (B)  THERE IS NO PRIVILEGE UNDER SECTION SEVENTY-FOUR HUNDRED THREE IF
A COURT, ADMINISTRATIVE AGENCY, OR ARBITRATOR  FINDS,  AFTER  A  HEARING
HELD IN CAMERA, THAT THE PARTY SEEKING DISCOVERY OR THE PROPONENT OF THE
EVIDENCE  HAS  SHOWN  THAT THE EVIDENCE IS NOT OTHERWISE AVAILABLE, THAT
THERE IS A NEED FOR THE EVIDENCE THAT SUBSTANTIALLY OUTWEIGHS THE INTER-
EST IN PROTECTING CONFIDENTIALITY, AND THAT THE MEDIATION  COMMUNICATION
IS SOUGHT OR OFFERED IN:
  (1) A COURT PROCEEDING INVOLVING A FELONY; OR
  (2)  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION (C), A PROCEEDING (I)
TO PROVE A CLAIM TO RESCIND OR REFORM, OR (II) TO ESTABLISH A DEFENSE TO
AVOID LIABILITY ON, A CONTRACT ARISING OUT OF THE MEDIATION.
  (C) A MEDIATOR MAY NOT BE COMPELLED TO PROVIDE EVIDENCE OF A MEDIATION
COMMUNICATION REFERRED TO IN PARAGRAPH SIX OF SUBDIVISION (A)  OR  PARA-
GRAPH TWO OF SUBDIVISION (B).
  (D)  IF  A MEDIATION COMMUNICATION IS NOT PRIVILEGED UNDER SUBDIVISION
(A) OR (B), ONLY THAT PORTION OF THE  COMMUNICATION  NECESSARY  FOR  THE
APPLICATION  OF THE EXCEPTION FROM NONDISCLOSURE MAY BE ADMITTED. ADMIS-
SION OF EVIDENCE UNDER SUBDIVISION  (A)  OR  (B)  DOES  NOT  RENDER  THE
EVIDENCE, OR ANY OTHER MEDIATION COMMUNICATION, DISCOVERABLE OR ADMISSI-
BLE FOR ANY OTHER PURPOSE.
  S  7406. PROHIBITED MEDIATOR REPORTS. (A) EXCEPT AS REQUIRED IN SUBDI-
VISION (B), A MEDIATOR MAY NOT MAKE A  REPORT,  ASSESSMENT,  EVALUATION,
RECOMMENDATION, FINDING, OR OTHER COMMUNICATION REGARDING A MEDIATION TO
A  COURT,  ADMINISTRATIVE  AGENCY,  OR  OTHER  AUTHORITY THAT MAY MAKE A
RULING ON THE DISPUTE THAT IS THE SUBJECT OF THE MEDIATION.
  (B) A MEDIATOR MAY DISCLOSE:
  (1) WHETHER THE MEDIATION OCCURRED OR HAS  TERMINATED,  OR  WHETHER  A
SETTLEMENT WAS REACHED, AND ATTENDANCE;
  (2)  A MEDIATION COMMUNICATION AS PERMITTED UNDER SECTION SEVENTY-FOUR
HUNDRED FIVE; OR
  (3) A MEDIATION COMMUNICATION EVIDENCING ABUSE, NEGLECT,  ABANDONMENT,
OR  EXPLOITATION  OF  AN  INDIVIDUAL  TO A PUBLIC AGENCY RESPONSIBLE FOR
PROTECTING INDIVIDUALS AGAINST SUCH MISTREATMENT.
  (C) A COMMUNICATION MADE IN VIOLATION OF SUBDIVISION (A)  MAY  NOT  BE
CONSIDERED BY A COURT, ADMINISTRATIVE AGENCY, OR ARBITRATOR.
  S 7407. CONFIDENTIALITY. UNLESS SUBJECT TO ARTICLE SIX OR SEVEN OF THE
PUBLIC  OFFICERS  LAW,  MEDIATION COMMUNICATIONS ARE CONFIDENTIAL TO THE
GREATEST EXTENT AGREED TO BY THE PARTIES OR PROVIDED BY THIS ARTICLE  OR
OTHER LAW OR RULE OF THIS STATE.
  S  7408.  MEDIATOR'S  DISCLOSURE OF CONFLICTS OF INTEREST; BACKGROUND.
(A) BEFORE ACCEPTING A MEDIATION, AN  INDIVIDUAL  WHO  IS  REQUESTED  TO
SERVE AS A MEDIATOR SHALL:
  (1)  MAKE  AN  INQUIRY  THAT  IS REASONABLE UNDER THE CIRCUMSTANCES TO
DETERMINE WHETHER THERE ARE ANY KNOWN FACTS THAT A REASONABLE INDIVIDUAL
WOULD CONSIDER LIKELY  TO  AFFECT  THE  IMPARTIALITY  OF  THE  MEDIATOR,
INCLUDING  A  FINANCIAL OR PERSONAL INTEREST IN THE OUTCOME OF THE MEDI-
ATION AND AN EXISTING OR PAST RELATIONSHIP WITH  A  MEDIATION  PARTY  OR
FORESEEABLE PARTICIPANT IN THE MEDIATION; AND

S. 683                              5

  (2)  DISCLOSE  ANY SUCH KNOWN FACT TO THE MEDIATION PARTIES AS SOON AS
IS PRACTICAL BEFORE ACCEPTING A MEDIATION.
  (B) IF A MEDIATOR LEARNS ANY FACT DESCRIBED IN PARAGRAPH ONE OF SUBDI-
VISION  (A)  AFTER ACCEPTING A MEDIATION, THE MEDIATOR SHALL DISCLOSE IT
AS SOON AS IS PRACTICABLE.
  (C) AT THE REQUEST OF  THE  MEDIATION  PARTY,  AN  INDIVIDUAL  WHO  IS
REQUESTED  TO  SERVE  AS A MEDIATOR SHALL DISCLOSE THE MEDIATOR'S QUALI-
FICATIONS TO MEDIATE A DISPUTE.
  (D) A PERSON THAT VIOLATES SUBDIVISION (A) OR (B) IS PRECLUDED BY  THE
VIOLATION  FROM  ASSERTING  A  PRIVILEGE AS TO HIS OR HER OWN STATEMENTS
UNDER SECTION SEVENTY-FOUR HUNDRED THREE.
  (E) SUBDIVISIONS (A), (B), AND (C)  DO  NOT  APPLY  TO  AN  INDIVIDUAL
ACTING AS A JUDGE.
  (F)  NO  PROVISION  OF  THIS  ARTICLE  REQUIRES THAT A MEDIATOR HAVE A
SPECIAL QUALIFICATION BY BACKGROUND OR PROFESSION.
  S 7409. PARTICIPATION IN MEDIATION. AN ATTORNEY MAY REPRESENT A PARTY,
OR ANOTHER INDIVIDUAL DESIGNATED BY A PARTY MAY ACCOMPANY THE PARTY  TO,
AND  PARTICIPATE  IN, A MEDIATION. A WAIVER OF REPRESENTATION OR PARTIC-
IPATION GIVEN BEFORE THE MEDIATION MAY BE RESCINDED.
  S 7410. RELATION TO  ELECTRONIC  SIGNATURES  IN  GLOBAL  AND  NATIONAL
COMMERCE. THIS ARTICLE MODIFIES, LIMITS, OR SUPERSEDES THE FEDERAL ELEC-
TRONIC  SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT, 15 U.S.C. S 7001
ET SEQ., BUT THIS ARTICLE DOES NOT MODIFY, LIMIT, OR SUPERSEDE S  101(C)
OF  SUCH  ACT  OR  AUTHORIZE  ELECTRONIC  DELIVERY OF ANY OF THE NOTICES
DESCRIBED IN S 103(B) OF SUCH ACT.
  S 7411. UNIFORMITY OF APPLICATION AND CONSTRUCTION.  IN  APPLYING  AND
CONSTRUING  THIS  ARTICLE,  CONSIDERATION  MUST  BE GIVEN TO THE NEED TO
PROMOTE UNIFORMITY OF THE LAW WITH RESPECT TO ITS SUBJECT  MATTER  AMONG
STATES THAT ENACT IT.
  S 3. Severability clause. If any provision of this act or its applica-
tion  to any person or circumstance is held invalid, the invalidity does
not affect other provisions or applications of this  act  which  can  be
given  effect  without the invalid provision or application, and to this
end the provisions of this act are severable.
  S 4. This act shall take effect on the first of January next  succeed-
ing  the date on which it shall have become a law and shall apply to all
agreements to mediate and mediations pursuant to a referral entered into
on or after such effective date.

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